Privacy Policy
Last updated: February 22, 2021
Jeffrey Deitch Inc and its affiliated subsidiaries and related entities (collectively hereinafter, “Company”, “us“, “our” or “we“) respect your (you”, or “your”) privacy and want you to be familiar with how we collect, use, maintain, protect, and disclose information. This Privacy Policy (“Privacy Policy”) explains how we, or our Service Providers (as defined below), collect, store, use, disclose, and otherwise process your Personal Information and Anonymous Information (each as defined below) when you access and use of https://thepaintingfactory.net/ (“Website”), any other websites and social media platforms owned or controlled by us, along with any content, functionality, and services offered through us (each a “Property,” collectively “Properties”). Capitalized terms not otherwise defined shall have the same meaning given to them in the Terms of Use.
By using any Property, you agree to the terms and conditions of this Privacy Policy and consent to the collection and use of information by us as set forth herein. You understand that we may process, transfer, and store your information in the United States and elsewhere as permitted by law. We may change this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes on this page so that you will always be aware of what information we collect, how we use it, and under what limited circumstances, if ever, we disclose it. Continued access or use of our Website shall constitute your express acceptance of any modifications to this Privacy Policy. If you do not agree to any of the provisions of this Privacy Policy, do not use the Properties.
Linked Sites and Service Providers.
This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other data collection, storage, and use practices of any third party operating any site or property to which any Property contains a link, including, without limitation, Facebook, Inc., Apple Inc., Google Inc., Microsoft Corp., Research In Motion, any wireless carriers and any third party (each, a “Linked Site”) or third parties who may provide certain services in connection with your access and use of, and our ability to provide certain products and services to you through, the Properties as further detailed herein (each, a “Service Provider”).
The Properties may use social media plug-ins (e.g., the Facebook “Like” button, “Share to Twitter” button) to enable you to easily share information with others. When you visit the Properties, the operator of the social plug-in can place a cookie on your computer or other electronic device that enables that operator to recognize individuals who have previously visited our Properties. If you are logged into the social media website (e.g., Facebook, Twitter) while browsing on our Properties, the social media plug-in allows that social media website to receive information that you have visited our Properties. The social media plug-in also allows the social media website to share information about your activities on our Properties with other users of their social media website. These sharing settings are managed by the social media website and governed by its privacy policy. We recommend that you review the privacy policies of each of these websites, apps, or services before connecting your accounts or sharing any Personal Information.
The inclusion of a link on any Property does not imply endorsement of, or affiliation with, the Linked Site by us. Please note that the Properties may include the ability to access and submit (including, for example, via a third-party software application or service that is available through or in connection with a Property) certain information directly to third parties, such as Facebook, or to any Service Provider. Such information is submitted by you directly to such third parties; this Privacy Policy does not apply to any Personal Information submitted by you to third parties, including without limitation, those Linked Sites and Service Providers. You agree to the terms and conditions and privacy policies of such Service Providers, which may change from time to time without notice to you. It is your responsibility to check for such updates.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE COMPANY AND EACH OF THE OTHER COMPANY PARTIES (DEFINED BELOW) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO THE DATA COLLECTION, STORAGE, USE, AND SHARING OF YOUR OR ANY THIRD PARTY’S PERSONAL INFORMATION OR ANONYMOUS INFORMATION BY ANY SERVICE PROVIDER. YOU AGREE, UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS IN PERPETUITY.
The Properties are controlled and operated from the United States; accordingly, this Privacy Policy, and our collection, use and disclosure of your Personal Information is governed by U.S. law, and the Properties are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.
CHILDREN UNDER THE AGE OF 13:
Our Properties are not intended for children under 13 years of age. No one under age 13 may provide any information to or via the Properties. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information via the Properties or on or through any of its features/register on the Properties, make any purchases through the Properties, use interactive or public comment features of the Properties (if any), or provide any Personal Information (as defined below) to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will take corrective action as required by the Children’s Online Privacy Protection Act (“COPPA”).
Parents may want to consider commercially available parental control protections to limit what minors can access online and/or monitor their minor children’s online activities. Examples include: www.netnanny.com; www.webwatcher.com and www.sentrypc.com. We do not endorse these or other services and are not responsible for them.
CHANGES TO THIS PRIVACY POLICY.
We may change this Privacy Policy at any time. Please take a look at the “Last Updated” legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when We make the revised Privacy Policy available on or through the Properties. Your use of any Property or your submission of any information in connection with a Property following such changes means that you accept the revised Privacy Policy. In the event we make a material change to this Privacy Policy, we will notify you via e-mail or otherwise by any acceptable means under applicable law.
INFORMATION WE COLLECT
All of the information we collect is related to providing the Properties and its features, and falls into three general categories: (i) information you provide to us, (ii) information collected automatically, and (iii) information we obtain from third parties. We process this information in light of our legitimate interest in improving the Properties and giving our customers the best experience, and where it is necessary for the adequate performance of the contract between us and you. Without it, we may not be able to provide you with the requested services and features of the Properties.
When you visit our Properties you may provide us and our Service Providers with two types of information: (i) Personal Information you knowingly choose to disclose that is collected on an individual basis, and (ii) information collected on an aggregated basis as you and others use our Properties. “Personal Information” is information that can be used to identify you (whether alone or in combination) such as your first and last name, email address, zip code/post code, billing address, shipping address, phone number, age, date of birth, and social media handles.
Information You Provide. You may provide Us, and our third-party service providers, with Your Personal Information through the Properties, for example when you communicate with us or our third-party service providers by e-mail or through the Properties, you may provide us certain Personal Information.
Information We Collect Automatically. We and our Service Providers may collect certain Personal Information automatically as the result of your use of the Properties and other web analytics services. This information generally includes:
- Usage Data: When you use the Properties, we and our Service Providers may track and collect usage data and information about your interactions with the Properties such as the pages that you visit and links you click on, and the date and time the Properties on your device access our servers.
- Aggregated Information: We may aggregate Personal Information so that the end-product does not personally identify you or any other user of the Property, for example, by using Personal Information to calculate the percentage of our users who access a particular article.
HOW WE USE YOUR INFORMATION
We will only use your Personal Information to respond to your inquiries and fulfill your requests and for our business purposes, such as data analysis, audits, developing new products, enhancing the Properties, improving our services, identifying usage trends and determining the effectiveness of promotional campaigns. Notwithstanding the foregoing, we may disclose your Personal Information: (a) as required under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our Terms of Use and Privacy Policy; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, or that of you or others; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.
CHOICE AND ACCESS
Data Security. We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Notwithstanding, the safety and security of your information also depends on you. We restrict access of Personal Information to authorized personnel of Company, employees, and agents who need to know that information in order to operate, innovate, and deliver our Properties and any purchases made thereon.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your Personal Information; therefore, any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures in connection with the Properties.
Your choices regarding our use and disclosure of your Personal Information. In some jurisdictions, including the EEA, you may exercise certain rights to access, request copies of, change or correct, request our deletion or transfer, object to or reject certain processing of your Personal Information. You may, of course, decline to share certain Personal Information with us. In such circumstances we may not be able to provide to you some of the features and functionality found on the Properties.
“Do Not Track” Signals. Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to sites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To learn more about cookies and any “Do Not Track” features, please visit http://www.allaboutcookies.org/ and http://www.allaboutdnt.com. If you choose to decline cookies, then some or all of the features, functionality and promotions available through the Property that may not be available to you. If you do not want information collected through the use of cookies, there is a procedure on most devices through which the Properties are accessed that allows you to decline the use of cookies.
Adobe Flash LSOs. If your device stores Flash LSOs, and if you do not want Flash LSOs stored on your device through which you access the Property, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Property or our content. We expect our Service Providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.
Mobile Device Settings. On your mobile device, enable the “Limit Ad Tracking” setting in your iOS phone’s settings, or the setting to “Opt out of Ads Personalization” in your Android phone’s settings. To opt-out of location tracking when using our Properties, you can use the settings of your device. You can disable mobile analytics and bug reporting through these same settings as well.
For more information about analytics and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page found at http://optout.networkadvertising.org/?c=1 , the Digital Advertising Alliance’s opt-out page found at http://optout.aboutads.info/?c=2&lang=EN, or EDAA’s Your Online Choices page found at http://www.youronlinechoices.com/.
Privacy Notice for California Residents.
This Privacy Notice for California Residents supplements the information contained in this Privacy Policy and applies solely to external contacts who reside in the State of California. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.
We use your Personal Information in accordance with the Section “How We Use Your Information” above. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
In the preceding twelve (12) months, we have not sold Personal Information.
Your Rights and Choices: The CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.
| The Right to Know |
You have the right to request any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:
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| The Right to Request Deletion | You have the right to request the deletion of Personal Information we have collected from you, subject to certain exceptions. |
| The Right to Opt Out of Personal Information Sales | You have the right to request the deletion of Personal Information we have collected about you to third parties now or in the future. |
| The Right to Non-Discrimination | You have the right not to receive discriminatory treatment for exercising these rights. However, please note that if the exercise of these rights limits our ability to process Personal Information, we may no longer be able to provide you our products and services or engage with you in the same manner. |
| “Shine the Light” | California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. |
California residents who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices, may do so at the following:
- Mail: Jeffrey Deitch Inc, 76 Grand Street, New York NY 10013
- Email: info@deitch.com
We will only act on your request if it is “verifiable.” To verify your identity, we will collect basic personal information about you to match with our records. Next, you will receive a written confirmation that your request was received, as well as information about additional steps that may be required to confirm your identity and verify appropriate contact information.
You may make a request to disclose or delete using an “authorized agent.” Please include with your request a signed document stating that the agent is authorized to act on your behalf. We will then respond by providing information as to (i) how you can verify your identity, and (ii) confirm that the agent is authorized to act on your behalf.
If you have only provided Personal Information as a result of browsing our Website (i.e., you did not complete any forms or send us any emails or other communications) we will be unable to provide information about the specific Personal Information we hold about you. Please refer to the table above for information about our general data handling practices.
Please note that you may make data requests no more than twice in a 12-month period.
We will try to respond to verifiable requests within 45 days. If we require more time, we will inform you of the reason and extension period in a written response. Any disclosures we provide will only cover the 12-month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
General Data Protection Regulation. If you are a data subject in the European Economic Area (“EEA”), you have the right to access, rectify, or erase any personal data Company has collected about you. You also have the right to data portability and the right to restrict or object to Company’s processing of personal data it has collected about you. You may withdraw your consent at any time for any data processing Company does based on consent you have provided to it. To exercise any of these rights, contact YLG as set forth in the section “Contact Us” below and specify which right you intend to exercise. Please include your name, address, and e-mail address, with “Legal” in the subject line in your request. We will try to comply with your request as soon as reasonably practicable. Company will respond to your request within 30 days. Company may require additional information from you to allow Company to confirm your identity. Please note that Company may store information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of Company’s legitimate interests, including to comply with its legal obligations, resolve disputes, prevent fraud, and enforce its agreements. Personal Information collected within the European Union and Switzerland may be transferred and processed by third parties located in a country outside of the European Union and Switzerland. In such instances, Company will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws. If you have any issues with Company’s compliance, you have the right to lodge a complaint with an EEA supervisory authority.
Product Reports. If you contact Company regarding your experience in using one of our products in a Communication (as defined in the Terms of Use), we may use the information that you provide in submitting reports to the designated government regulatory authority, as required of us by law.
Contact Us. Questions regarding the Properties, Privacy Policy, or the Terms of Use should be directed as follows: info@deitch.com or Jeffrey Deitch Inc, 76 Grand Street, New York NY 10013.