Privacy Policy

ARTISTIC FUEL PRIVACY POLICY

Last Updated: October 31st, 2019

There are many different ways you can use our services. You can search for and share information, communicate with other people or create new Content. When you share information with us, for example by creating an Artistic Fuel account, we can make those services even better by helping you connect with people or sharing with content others quicker and easier. As you use our services, we want you to be clear how we are using the information you provide and the ways in which you can protect your privacy.

Certain capitalized terms are used, but not defined, in this Policy. They have the same meanings as in the Terms of Service Agreement (“Agreement”) you entered into with us when you first used or accessed our Services. 

This Privacy Policy (“Policy”) describes how Artistic Fuel, LLC (“Artistic Fuel” or “we” or “our” or “us”) collects, stores, shares and uses information and your choices about privacy when you use the Services. Please read this Policy carefully to be informed about our privacy practices. Your privacy is important to us. This Policy is incorporated into the Agreement and is therefore part of the Terms, which can be viewed at https://artisticfuel.com/terms. By using or accessing the Services, you agree that your information may be collected, stored, shared and used as described in this Policy and the Terms. By using the Services, you consent to the collection, use and sharing of your Personal Information, as outlined in this Policy. You may withdraw consent at any time in writing; however, your withdrawal does not negate our right to process your data prior to your withdrawal.

WHEN THIS PRIVACY POLICY APPLIES

This Policy applies to all of the Services, regardless of how and to what extent you use them and regardless of whether you do or do not register for an Artistic Fuel account. This Policy only applies to how we collect, store, share and use information. It does not apply to any entity we do not own or control or to any person we do not employ or manage. If, at any time during the course of using the Services, you are directed to a third-party site, you understand and agree that the policies of the third-party site govern.

TYPES OF INFORMATION WE PROCESS

Information you give us: We may collect information you provide (such as name, email address, and phone number) or otherwise make available to us when you use or access the Services, such as when we require you to sign up for an Artistic Fuel account or update your account or user profile information. When you do, we may ask for personal information, such as your name, email address, telephone number and home address. If you want to take full advantage of the sharing features the Services offer, we might also ask you to create a publicly visible profile, which may include your name and photo. You may also be asked to provided certain personal information when you use the Services to search for or view artwork or other items, follow artists, galleries, institutions or other users, place bids in an auction or otherwise perform transactions or communicate with other users; or when you link your Artistic Fuel account to your account on another social media service, in which case we may obtain your username on that service and other information you make publicly available through that service, or communicate with us.

Information from your use of the Services: We may automatically collect certain information about how you access or use the Services, and by using the Services, you consent to the collection of that information. Examples of that information include device-specific information (such as your hardware model, operating system version, unique device identifiers and mobile network information, including phone number); log information (such as your search queries; telephone log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls; Internet protocol address; system activity, hardware settings, browser type and browser language and the date and time of your request and referral URL; and cookies that may uniquely identify your browser or your Artistic Fuel account).

Location storage: 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.

Cookies and anonymous identifiers: We may use various technologies to collect and store information when you visit an Artistic Fuel service, which may include sending one or more cookies or anonymous identifiers to your device. We may also use cookies and anonymous identifiers when you interact with services we offer to third-parties, such as advertising services or Artistic Fuel features that may appear on other sites. We may also use third-party service providers (such as analytics or ad providers) that may use cookies and similar technologies to help operate their services. Your browser may have settings that let you decline cookies, but please understand that some of the Services may not be available if you decline cookies, as some of the Services require cookies to operate. For more information about cookies, web beacons and similar technologies, and how they are used, please see our Cookie Policy below, which is a part of this Policy.

Information from Other Users. If you use our Services to communicate with another user or perform a transaction with another user, we may obtain information or feedback from them about their interaction with you (for example, whether you were responsive to their communications or completed a transaction with them). Also, when users share content through the Services, if it contains information about you, we will receive that information as well. More information about user content is provided below.

Information from other sources: We may obtain information about you from certain third-parties (such as other companies with which we jointly offer services or conduct promotional events), third-party service providers, credit bureaus or other sources., This information may include demographic information, contact information, open data, publicly available data and credit check information. We may use this information for legitimate business purposes such as the performance of a contract, customer support, fraud prevention and credit-related decisions in connection with the Serves.

Information from mobile use: When you access the Services on a mobile device, we may obtain information about your location and mobile device, including a unique identifier for your device. In addition to other purposes described in this Policy, we may use this information in order to customize the Services, content and marketing for your location. 

HOW WE USE THE INFORMATION WE COLLECT AND WHY

The information we collect helps us provide, maintain, protect and improve the Services; develop new Services; provide customer support; and make the Services more efficient for you and other users.

We may use the name you provide for your Artistic Fuel profile across all of the Services that require an Artistic Fuel account. In addition, we may replace past names associated with your Artistic Fuel account so that you are represented consistently across all the Services. If other users already have your email or other information that identifies you, we may show them your publicly visible Artistic Fuel Profile information, such as your name and photo.

When you contact us, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about the Services, such as letting you know about upcoming changes or improvements.

We use information collected from cookies and other technologies, such as pixel tags, to improve your user experience and the overall quality of the Services. When showing you tailored ads, we will not associate a cookie or anonymous identifier with sensitive categories, such as those based on race, religion, sexual orientation or health.

We will ask for your consent before using information for a purpose other than those that are set out in this Policy.

TRANSPARENCY AND CHOICE

People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example, you can review and control certain types of information tied to your Artistic Fuel Account by using the Artistic Fuel Dashboard to view and edit ad preferences, such as which categories might interest you, using Ads Settings; opt out of certain advertising services; see and adjust how your Artistic Fuel Profile appears to others; and control who you share information with.

Take information out of many of our services.

You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it is important to remember that that the Services may not function properly if you disable your cookies. 

It is important you know why we collect your personal information, so that you may make informed decisions regarding your use of the Services. In addition to the other uses of your personal information described elsewhere in this Policy, we may use the information we obtain from or about you to provide the Services to you, including new Services we develop later; to provide you with customer support; to facilitate your communications or transactions with us or with other users; to operate, improve and customize the Services, Content and marketing; to develop new Services; to understand how you use and interact with the Services and Content, and the products, services and Content of others; to develop and display more customized Content and ads to you on or off the Services; to promote and maintain a trusted, safer and more reliable environment on the Services (for example, to help detect, prevent or otherwise address fraud, security or technical issues; conduct investigations or risk assessments; or verify actions taken by you or associated with your account); to contact you (by email, postal mail, telephone, mobile devices, SMS text message or as otherwise authorized by you) in order to address issues with your Artistic Fuel account or use of the Services, collect fees, send you updates about the Services or our policies, or for other purposes permitted by law; to contact you (by email, postal mail, telephone, mobile devices, SMS text message or as otherwise authorized by you) in order to send you marketing communications, promotional messages and offers about the Services and Content, and the products, services, and Content of others; to facilitate your participation in contests, sweepstakes or other promotional events sponsored or conducted by us or by others in conjunction with us; to comply with our legal obligations, resolve disputes or enforce the Terms or any other Artistic Fuel policies or agreements with users; to perform other functions as described when the information is collected or requested, or for other purposes with your prior consent.

COMMUNICATION PREFERENCES

We provide registered users with settings on the Services to control whether they receive certain communications from us. If you do not want to receive marketing email from us, you can unsubscribe by following the unsubscribe link in the email you receive, changing your preferences in your profile and account settings (if you have registered for an Artistic Fuel account) or emailing us. Please note that opt-out requests may take up to five (5) business days to process. You may not be able to opt out of receiving some communications from us, such as email about your account, your relationship with us or your transactions. For further information, please contact us at _____@ artisticfuel.com. However, unsubscribing from receiving emails from us may result in a less robust experience with the Services.

ACCOUNTS AND USER PROFILES

Registration, Access and Records: To register for an Artistic Fuel account, you will need to provide your full name and a valid email address. If you have received our permission to use the Services as a business, you may need to provide additional information. If you have an Artistic Fuel account, you may access, add, remove or update certain information about you in your profile and account settings. It is your responsibility to update your personal information to keep it accurate and current. When you update your account or profile information, we may keep a record of the unrevised information for purposes consistent with this Policy. If you wish to cancel your account, you may do so by using the tools provided in your profile and account settings, subject to the Terms and any other agreements between you and us. If you terminate your account, we may keep a record of any or all information associated with you or your account, as required or permitted by law, for purposes consistent with this Policy; specific account data that includes personal information including your name, e-mail, contact information and certain other records such as settings and collector profiles will be removed at such termination. For further information, please contact us at _____@ artisticfuel.com.

Profile and Account Information: To make the Services more interactive, certain information about users’ profiles or accounts may be made accessible to other users on or through the Services, as indicated in users’ profile and account settings on the Services, or as otherwise indicated by us when you use certain Services. For example, if your public profile is enabled in your settings, your name and certain information that you may enter in your profile (such as your biography, location and website) will be visible to other users of the Services. The Services may include settings to control how certain profile or account information is shared with other users on or through the Services, and you should check your profile and account settings regularly to be informed of your current choices. Public information on the Services may be indexed by third-party search engines and accessible through them. For further information, please contact us at _____@ artisticfuel.com.

Data Retention: We will keep and use your data, as described in this Policy, for as long as (a) your account is in use, open or active; (b) is necessary to comply with applicable tax, legal and other regulatory requirements; and (c) is necessary to protect and defend against potential legal claims. If you would like to request the deletion of your personally identifiable information or request that it be returned to you, please contact us at _____@ artisticfuel.com. By deleting your data from our site, you understand that you will no longer be able to use the Services. We will retain your anonymized, aggregated, depersonalized data after it has been deleted from our site.

“FAVORITES” AND “FOLLOWS”

The Services may include features that enable you to designate your “favorite” artists, designers or other creators, artwork and other items or categories of artwork, or other items. The Services may also include features that enable you to “follow” galleries, institutions and other users, artists, designers and creators, categories of artwork, or other items. If your public profile is enabled, other users may also be able to follow you, and the number of users that follow you may be visible to other users of the Services. You may be able to share, or choose not to share, certain information about your favorites, follows or followers on or through the Services, as indicated by us in connection with these features or in your profile and account settings. If you enable those designations, we may include you in email communications regarding them. If you would like to opt out of receiving those emails, please follow the unsubscribe link at the bottom of the relevant email or visit your account profile to update your email settings. For further information regarding opt-outs, please contact us at _____@ artisticfuel.com.

USER CONTENT

As described in the Agreement, you may be able to provide Your Content on or through the Services. When you post or publish Your Content on the Services, any information contained in Your Content (including information in images or videos) becomes publicly accessible on the Services (and may also be indexed by and accessible through third-party search engines), and we and other users may access and use Your Content, as described in the Agreement. This applies even if you or someone else also provides the information to us by other means and our use of the information might have been more limited under this Policy if the information was only provided to us by such other means. It is your responsibility to ensure that you have the right to share any information about others that you may share with us or with others.

USER COMMUNICATIONS

Connecting with Other Users: We strive to provide a platform and marketplace where users can discover and engage with a wide range of artwork, design and other items from around the world, including items from the various galleries, institutions and others that use the Services as exhibitors or sellers. To help make this happen, the Services may include features, such as messaging tools and email addresses hosted on the Services, that enable you to contact and communicate with other users. For example, when another seller lists an artwork or other item on the Services, the Services may enable you to contact that seller about the item or other items that may have available.

Sharing Information with Other Users: The Services let you share information with others. When you use the Services to contact another user or perform a transaction with another user, such as a gallery, that other user may obtain from us your name, email address and other contact information to facilitate communications and transactions, or for their marketing purposes. Sometimes these users may be able to obtain additional information about you when you use the Services to contact them or perform a transaction with them. For example, they may be able to obtain information about your location, interests and other information, as indicated by us in connection with the Services, or as otherwise indicated in your profile and account settings. The Services may include settings that enable you to choose how certain information is shared with other users when you contact them or perform a transaction with them, as indicated when you use the Services or in your profile and account settings. Please remember that when you share information publicly, it may be indexable by search engines, such as Google.

WITH WHOM DO WE SHARE PERSONAL INFORMATION?

Personal Information: As used in this Policy, the term “Personal Information” means information that by itself can be used to identify or contact a specific person (for example, a person’s name, email address, postal address or phone number), but Personal Information does not include information that has been aggregated or made anonymous so that by itself it no longer identifies and can no longer reasonably be used to contact a specific person. We will only share your Personal Information with others in the ways described in this Policy, or otherwise with your prior consent. In addition to the other sharing of Personal Information described in this Policy, we may share your Personal Information with others in the following contexts.

Service Providers: We may contract with third-party service providers that help us provide the Services or that perform some services for us related to the Services, and they may access your Personal Information as needed to perform their functions for us. Examples include order fulfillment, package delivery, payment processing, bill collection, fraud investigation, email and postal mail administration, customer service assistance, web and mobile data analytics and server and database hosting services.

We use third parties, including __________________, to gather your data from financial institutions. By using the Services, you authorize our third-party providers to act on your behalf to access and transmit your personal and financial information from the relevant financial institution according to terms of the third-party providers’ privacy policies and service terms.

Business Transfers: If we are involved in a merger, acquisition or sale of assets, your Personal Information may be one of the assets transferred. In this event, if you have registered for an Artistic Fuel account, we will notify you of the change of ownership by sending an email to the most recent email address you provided us under your Artistic Fuel account.

Legal Purposes: We may access, preserve and disclose your Personal Information or other information if we believe that such access, preservation or disclosure is reasonably necessary to (a) comply with any law, regulation, legal process or governmental request (such as search warrants, subpoenas or court orders); (b) enforce the Agreement or any other agreement with users or investigate potential violations; (c) detect, prevent or otherwise address fraud, security or technical issues; (d) protect or enforce Artistic Fuel’s, your or any other person’s rights or property; or (e) prevent physical harm to any person.

AGGREGATED AND NON-PERSONAL INFORMATION

We may aggregate or make anonymous any Personal Information we have obtained in any way from or about you or others so that such information no longer contains any Personal Information. We may use and share any aggregated, anonymous or other non-personally identifying information for any legitimate business purpose, including, but not limited to, research and development and marketing, and to inform others about how the Services or Content are engaged with or used.

PAYMENT INFORMATION

If you use our marketplace or register for certain of the Services, you may need to provide payment information, such as a credit card number, type and expiration date. We do not store credit card information entered on the Services. This information is stored by a third-party payment processor, and the use and storage of this information will be subject to the payment processor’s own terms of service and privacy policy. We do receive certain information from the payment processor, including a unique token we associate with you to authorize your purchases, and in certain cases, the last four digits of the credit card number associated with that token, in order to help prevent fraud and identity theft. If you do not wish to provide payment information, you will not be able to use certain Services on our Site.

OTHER WEBSITES AND SERVICES

The Services may include links to websites or services we do not own or control, some of which may include links to the Services. The Services may also include features that enable you to link your Artistic Fuel account to your account on other social media services. For example, you may be able to sign up for (or sign in to) the Services through another social media service. The Services may also include features that enable you to share Content on other websites and social media services. However, these links and features are not an endorsement by us of any other websites or services or any of their privacy policies or practices. When you visit or use other websites or services, they may collect information from you, including through the use of cookies, web beacons or similar technologies. We encourage you to read the privacy policies of those other websites and services.

INTERNATIONAL PROCESSING

Artistic Fuel is headquartered in the United States. Our users (including the galleries and other organizations that use the Services as exhibitors or sellers), service providers and other third parties you may interact with in connection with the Services, may be located in the United States or other countries around the world, including countries that may not offer the same level of protection for Personal Information as that offered in the United States. By accessing or using the Services in the United States or any other country or jurisdiction, you agree that your information may be transferred and processed in the United States and any other country or jurisdiction.

In cases of onward transfer to third parties of Personal Information of EU individuals received pursuant to the EU-U.S. Privacy Shield, Artistic Fuel remains accountable for the onward transfer of that Personal Information.

CHILDREN’S INFORMATION

The Services are not directed to children under the age of 13, and we do not knowingly collect Personal Information from people in this age group. If you believe we may have collected Personal Information from anyone under the age of 13, please contact us at _____@ artisticfuel.com.

SECURITY

Every Artistic Fuel account is protected by a password to help maintain privacy and security on the Services. If you register for an account, we urge you to use a strong password containing unique numbers, letters and special characters and to protect the confidentiality of your password at all times. If you suspect or become aware of any unauthorized access to or use of your account or password, you agree to immediately notify us and change your password. Please note that while we seek to protect your information and maintain the security of the Services, due to the possibility of hardware or software failure, unauthorized entry or use and other factors, we cannot guarantee the security of any information, whether online or offline. Any transmission of information is at your own risk. Please also note that any information you provide to us by email is unencrypted.

STATUTORY REQUESTS

Some jurisdictions have laws that give people the right to access or correct the Personal Information a company has about them. We will honor any statutory right you may have to access or correct your Personal Information that we have in our records, and you can email such requests to privacy@artisticfuel.com. Once we receive your request, we will let you know if an administrative fee will apply to fulfill your request, as permitted by applicable law. However, please note that even if you have a legal right to request access to information or to correct information, as permitted by applicable law, we may reject requests that are unreasonably repetitive, would require disproportionate technical effort (for example, developing a new system or materially changing an existing practice), would jeopardize the privacy of others or would be extremely impractical to fulfill (for example, requests to access information located on backup systems).

EU-U.S. PRIVACY SHIELD

Artistic Fuel is a participant in the U.S. Department of Commerce’s EU-U.S. Privacy Shield Framework (“Privacy Shield”). Artistic Fuel complies with the Privacy Shield regarding the collection, use and retention of personal information transferred from the EU and the United Kingdom to the United States in reliance on such framework. Artistic Fuel has certified to the Department of Commerce that it adheres to the Privacy Shield Principles with respect to such information. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles will govern. We are subject to the investigatory and enforcement powers of the Federal Trade Commission.

For more information about the EU-U.S. Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield website __________________________.

DISPUTE RESOLUTION

As this Policy is part of the Agreement, any Disputes involving you and us that relate to privacy or the use of your information and that arise out of or are related to this Policy or the Services will be subject to provisions of the Agreement regarding the limitation of damages and liability, choice of law and dispute resolution, including mandatory binding arbitration.

If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, you can also submit your complaint to Privacy Trust, an independent third party. Visit Privacy Trust’s website here to file a complaint. In limited situations, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism, and please note that you have the right to register a complaint with your data protection regulator in your country, a list of which can be found here.

CHANGES TO THIS PRIVACY POLICY

Our business changes with time, and our Privacy Policy will change also. We reserve the right to change this Policy, including our Cookie Policy, without prior notice, at any time in our sole and absolute discretion. For example, and without limitation, we may change this Policy to reflect changes in the law or changes to the Services. All changes to this Policy will be effective when posted on the Services, or at such later date as may be specified in the updated Policy. We will notify you of any changes to this Policy by posting the updated Policy on the Services, and you agree to review this Policy regularly and inform yourself of all applicable changes. By continuing to use the Services after any changes to this Policy become effective, you agree to such changes and the updated Policy. Unless we notify you otherwise, the current version of this Policy will apply to all information that we have about you or your account.

CONTACTING ARTISTIC FUEL

If you have questions or comments about this Policy or our privacy practices, would like to know what Personal Information we hold about you or would like to update, delete or request access to that Personal Information, you may contact us by email sent to privacy@artisticfuel.com, or by postal mail sent to Artistic Fuel, LLC, 215 Depot Court, Leesburg, VA 20175, U.S.A.

COOKIE POLICY

Cookies, Web Beacons, and Similar Technologies. We may use cookies, web beacons and similar technologies, such as tracking URLs, to collect information about how you or others access or engage with the Services, Content, emails and ads displayed on or off the Services, and to operate, develop, improve and customize the Services, Content and marketing, including ads displayed on or off the Services. Many browsers automatically accept cookies, but your browser may have settings that enable you to decline or delete cookies on your device. Please note that if you decline cookies, you may not be able to sign in, customize or use some of the interactive features of the Services, as some of the Services require cookies to operate.

What these Technologies Are. “Cookies” are small data files placed on your computer or other device that record information. For example, a cookie could enable the Services to recognize your browser, while another cookie could store your account preferences and other information to help make the Services more customized. We may use two kinds of cookies, “session cookies” and “persistent cookies.” Session cookies normally expire when you close your browser, while persistent cookies remain on your device until they expire or are deleted. “Web beacons” (also known as “pixel tags” or “clear GIFS”) are pieces of code or pixels embedded in a web page or email to track engagement with and responses to emails, web pages or ads, or to access or communicate with cookies. “Tracking URLs” are special URLs that can be used to track engagement with and responses to emails or web pages.

Third-Party Analytics, Service, and Ad Providers. We may use third-party analytics and service providers who help us to better understand how the Services and Content are accessed and used, including for web analytics, audience measurement, personalization and segmentation, and relationship management purposes. In turn, this information helps us to develop and improve the Services and Content. Our third-party analytics and service providers include, but are not limited to, Google Analytics. These providers may use cookies, web beacons and similar technologies to collect information about how users access or engage with the Services, Content, emails and ads on or off the Services. For more information about how Google may collect and process information in connection with Google Analytics, click here.

We may also use third-party advertising providers, including ad networks or exchanges, to help display ads on the Services or on other websites, including customized ads based on past online activity. These third parties may use cookies, web beacons and similar technologies to help provide their services to us and to collect information about your and others’ online activity across different websites. These providers may also collect your IP address, device identifier or identifier for advertising (“IDFA”). The third-party advertising providers we use include, but are not limited to, Google Analytics, and we use its Remarketing and Demographics and Interest Reporting features, which enables Google Analytics to collect data about traffic on the Services through Google advertising cookies and anonymous identifiers. We and third-party providers, including Google Analytics, may use first-party cookies (cookies set by the website you are visiting) and third-party cookies (cookies set by a third-party website other than the website you are visiting) to inform, optimize and serve ads based on past visits to the Services. We do not control the practices of any third-party providers, and this Cookie Policy (and our Privacy Policy in general) does not cover the use of cookies, web beacons or similar technologies by any third parties.

Opting-Out. Third-party providers may offer you a way to opt-out of receiving cookies from them by visiting their own websites or the websites of industry groups such as the Network Advertising Initiative and the Digital Advertising Alliance. For example, you may opt-out of receiving ad-related cookies from Google through its Ad Settings. If you opt-out of receiving cookies from one of these providers, it may place a cookie on your device to remember your preference. Accordingly, if you delete cookies, install a new browser or start using a new device, you may need to repeat the opt-out process. To opt out of receiving any marketing materials, please email us at privacy@artisticfuel.com.

Changes to this Cookie Policy. As this Cookie Policy is part of our Privacy Policy, we may update it at any time as described in our Privacy Policy. Please review this Cookie Policy regularly to be informed of any updates.