Effective Date: May 2020
This Privacy Policy (the “Privacy Policy”) describes the ways in which Library Street Collective, LLC (“LSC”) treats the information you provide while using www.lscgallery.com (the “Website”). LSC’s goal is to provide you with information about cutting edge, contemporary art while protecting your privacy. LSC respects the privacy of the individuals that use the Website, and this Privacy Policy describes how LSC processes the Personal Data it collects or receives from users of the Website. “Personal Data” is information that can be used either directly or indirectly to identify an individual (you), including, but not limited to, name, email address, physical address, Internet Protocol (“IP”) address, mobile ad identifier, and your interactions with the Website that are connected to other identifying information such as name, email address, physical address, IP address. This Privacy Policy also addresses Personal Data that falls into the scope of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, known as the General Data Protection Regulation (“GDPR”), in case Personal Data processed by LSC is governed by the GDPR. However, your information, including Personal Data, will be stored in the United States.
Please read this Privacy Policy carefully. You can access the Privacy Policy any time. Your use of and/or registration on any aspect of the Website constitutes your agreement to this Privacy Policy. By using the Website, you give an explicit and informed consent to the collection, use, and processing of your Personal Data in accordance with this Privacy Policy. If you cannot agree with the terms and conditions of this Privacy Policy, please do not use the Website. This Privacy Policy does not cover information collected elsewhere, including without limitation offline and on websites linked to and from the Website.
In addition to reviewing this Privacy Policy, please read LSC’s Terms and Conditions. Your use of the Website constitutes your agreement to LSC’s Terms and Conditions as well.
This Privacy Policy may be modified from time to time. The date of the most recent version will appear on this page, so check back often. Continued use of the Website by you will constitute your acceptance of any changes or revisions to the Privacy Policy.
What Type of Information Does LSC Collect?
Personal Data
The Website generally only requests an individual’s name and e-mail address. If at any time the Website was to collect other Personal Data, such as your full name, address, or telephone number, it would only be with your specific knowledge and consent. For instance, if the Website began to offer sweepstakes, lotteries, or promotions, and you wish to participate, LSC may require personally identifiable information to contact you in case you win.
LSC servers may also automatically collect information about your computer when you visit the Website, including without limitation the type of browser software you use, the operating system you are running, the website that referred you, and your IP address.
Non-Identifiable Information
Additionally, LSC may collect and compile information related to your use of the Website which does not constitute Personal Data, such as time, date, browser type, browser language, operating system, and the domain name of your internet service provider (collectively, the “Non-Identifiable Information”) as part of the operation of this Website, or during the course of your activities on or use of this Website.
Does LSC Use Cookies and Tracking Technologies?
LSC uses cookies, and/or other similar tracking technology, in connection with operation of the Website to help LSC personalize and tailor its services and improve the quality of those services by tracking and storing user preferences, trends, and patterns. Cookies are small pieces of information that are stored on your computer by LSC’s website server. LSC’s cookies may contain Personal Data and such cookies may be shared with LSC’s affiliates, subsidiaries and other third-party companies. If you visit any restricted access or password protected portions of the Website, you may be required to use cookies, which may include or be linked to Personal Data. The use of cookies is common in the industry, and they are used by most major websites. You may customize your browser to automatically inform you whenever a cookie is to be used or refuse all cookies but doing so may impair or prevent the performance of certain functions of the Website and may not permit access to some areas of the Website. For more information on cookies, see http://www.cookiecentral.com/faq.htm.
Some of LSC’s advertisers may occasionally serve you cookies as well. LSC does not have control over cookies placed by advertisers.
LSC may also use advertising service vendors to help present advertisements on the Website. These vendors may use cookies, web beacons, or similar technologies to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, these vendors may collect non-personal data such as your browser type, your operating system, Web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these advertising service vendors is subject to their own privacy policies, not LSC’s Privacy Policy, and LSC disclaims all liability in connection therewith.
How Does LSC Use Your Personal Data and Non-Identifiable Information?
LSC will use Personal Data for the purpose of which you provided it, such as providing you with LSC’s products and services, processing transactions, and communicating with you. For instance, if you submit an order on the Website, LSC uses your Personal Data to process and complete your order. If you provide Personal Data in a search query, LSC uses that Personal Data to provide you search results. If you submit an online inquiry or correspondence to LSC and include Personal Data, LSC uses the Personal Data to respond to you. LSC also uses your information, including Personal Data, to provide you customer support. In this respect, LSC always reserves the right to contact you about customer service issues. LSC may also use your Personal Data to carry out its obligations and enforce its rights arising from any contracts and/or transactions entered into between you and LSC, including for billing and collection purposes, any other purpose allowed by applicable law, or in any other way LSC may describe when you provide Personal Data, as well as for any other purpose with your consent. Generally, the Non-Identifiable Information is used to provide better services to users and to improve the Website.
In nearly all cases, the above-described Personal Data may be collected or processed by, and transferred to, LSC’s servers located in the United States. This may be done through the Website’s Internet Service Provider (“ISP”), or through the use of such tools as Google Analytics. This information is gathered to improve the quality of LSC’s services and LSC’s ability to market those products and services to specific individuals and organizations that could benefit from them. The Website uses Google Analytics in accordance with the Google Privacy Policy (http://www.google.com/policies/privacy).
How and When Does LSC Disclose Your Information to Third Parties?
Except as described herein, LSC does not sell, trade, or otherwise transfer you Personal Data to outside third parties. However, this does not include LSC’s affiliates, subsidiaries, or trusted third parties who assist LSC in operating the Website, conducting LSC’s business, or servicing you, so long as those parties agree to keep your information confidential. Additionally, Non-Identifiable Information and Personal Data about you may be disclosed and shared with advertisers, business partners, sponsors, and other third parties under the following limited circumstances: LSC may disclose (a) the frequency of visits to the Website by the average user, (b) information to third parties assisting LSC in carrying out a transaction or providing a service for you (e.g., packaging, sending, and delivering purchases and information to you; clearing transactions; performing statistical analyses of LSC’s services; and performing services), or (c) information in connection with merger and acquisition discussions.
LSC may share data, including Personal Data about you, with LSC’s affiliates, partners, subsidiaries, and third parties who provide services on behalf of LSC, provided that they are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes of which LSC has disclosed to them. To the extent that these entities have access to your Personal Data, they will have agreed with LSC to follow this Privacy Policy, or already have privacy practices substantively no less protective than LSC’s practices described in this Privacy Policy, to the extent allowed by applicable law.
LSC will release information, including Personal Data, in connection with any valid law, regulation, or legal process (such as a search warrant, subpoena, statute or court order). LSC may disclose Personal Data to protect or enforce the rights, property, or safety of LSC, its users, or other third parties, including the disclosure of information with other third party organizations relating to fraud protection and credit risk reduction.
LSC may provide Personal Data to LSC’s trusted businesses or persons for processing based on LSC’s instructions, and in compliance with LSC’s Privacy Policy and any other appropriate confidentiality and security measures.
Generally, and except as indicated at the time of collection, LSC does not sell or lease any Personal Data about you to any third party. However, LSC may aggregate information (gather up data across all user accounts) in a manner that creates Non-Identifiable Information and disclose such information to advertisers and other third parties for other marketing and promotional purposes. In these situations, LSC does not disclose to these entities any Personal Data.
You may choose to opt-out of allowing LSC to provide Non-Identifiable Information to certain third parties. Visit networkadvertising.org, aboutads.info, and jumptap.com to make informed decisions about your online and mobile privacy and to opt-out.
In the event that LSC is, or substantially all of its assets are, sold or otherwise transferred, all information, including Personal Data, LSC has about you may be included in the transferred assets. The same applies in case of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of LSC's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by LSC is among the assets transferred.
How Does LSC Protect Your Information?
LSC uses commercially reasonable technical, physical, operational, security, and procedural safeguards to protect Personal Data from loss, misuse, altercation, and unauthorized access or disclosure. LSC’s security measures may include: password protected directories and databases to safeguard your information, Secure Sockets Layered (“SSL”) technology to ensure that your information is fully encrypted and sent across the Internet securely or Payment Card Industry (“PCI”) scanning to actively protect LSC’s servers from hackers and other vulnerabilities. Additionally, LSC offers the use of a secure server. All supplied sensitive/credit information is transmitted via SSL technology and then encrypted into LSC’s payment gateway providers database only to be accessible by those authorized with special access rights to such systems and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on LSC’s servers.
Due to the nature of LSC’s business, including its dependence on the public Internet, LSC cannot ultimately ensure that private communications and Personal Data will not be intercepted by third parties or otherwise obtained in ways not described in this Privacy Policy. Although LSC attempts to protect the privacy of users, LSC cannot absolutely guarantee that such information will remain private or secure. While no security measure can guarantee against compromise, LSC regularly reviews and updates its security measures in an effort to provide appropriate security for all information held by LSC.
Processing Personal Data According to GDPR
In case you are from the European Economic Area (“EEA”) and the processing of your Personal Data falls within the scope of the GDPR, LSC shall perform such processing in accordance with GDPR requirements. Therefore, in addition to the above terms, LSC provides you with the following information:
You are entitled to:
Request access to your Personal Data. This enables you to receive a copy of the Personal Data LSC holds about you and to check that LSC is lawfully processing it.
Request correction of the Personal Data that LSC retains about you. This enables you to have any incomplete or inaccurate Personal Data LSC retains about you corrected, though LSC may need to verify the accuracy of the new data you provide.
Request erasure of your Personal Data. This enables you to ask LSC to delete or remove Personal Data where there is no good reason for LSC continuing to process it. You also have the right to ask LSC to delete or remove your Personal Data where you have successfully exercised your right to object to processing, where LSC may have processed your information unlawfully, or where LSC is required to erase your Personal Data to comply with local law. Note, however, that LSC may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your Personal Data where LSC is relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where LSC is processing your Personal Data for direct marketing purposes. In some cases, LSC may demonstrate that it has compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your Personal Data. This enables you to ask LSC to suspend the processing of your Personal Data in the following scenarios: (a) if you want LSC to establish the data’s accuracy; (b) where LSC’s use of the data is unlawful, but you do not want LSC to erase it; (c) where you need LSC to hold the data even if LSC no longer requires it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to LSC’s use of your data but LSC needs to verify whether it has overriding legitimate grounds to use it.
Request the transfer of your Personal Data to you or to a third party. LSC will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for LSC to use or where LSC used the information to perform a contract with you.
Withdraw consent at any time where LSC is relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, LSC may not be able to provide certain products or services to you. LSC will advise you if this is the case at the time you withdraw your consent.
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, at LSC’s discretion, LSC may charge a reasonable fee if your request is clearly unfounded, repetitive, unduly burdensome, or excessive. Alternatively, LSC may refuse to comply with your request in these circumstances.
LSC may need to request specific information from you to help LSC confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure personal data is not disclosed to any person who has no right to receive it. LSC may also contact you to ask you for further information in relation to your request to speed up our response.
LSC tries to respond to all legitimate requests within one (1) month. Occasionally, it may take LSC longer than one (1) month if your request is particularly complex, or if you have made a number of requests. In this case, LSC will notify you and keep you updated as to the status of your request.
LSC does not perform automated decision-making, including profiling.
Unless necessary and legally permissible, LSC does not intend to transfer Personal Data to a third country located outside of the United States or international organization.
You may at any time lodge a complaint with a supervisory authority located in the European Union having jurisdiction over processing.
If you wish to exercise any of the rights set out above, please contact LSC at info@lscgallery.com.
Children
LSC takes children’s privacy seriously and does not knowingly collect, use, or disclose Personal Data from children, and is committed to complying with all applicable laws and requirements, such as the United States Children’s Online Privacy Protection Act (“COPPA”). LSC encourages all parents and guardians to instruct their children in the safe and responsible use of Personal Data on the Internet. LSC does not knowingly solicit data from or market to children under the age of 16. The Website is not intended for or directed at children under the age of 16, and LSC does not knowingly collect information from children under the age of 16. If a parent or legal guardian becomes aware that his or her child has provided LSC with information without their consent, he or she should contact LSC at info@lscgallery.com. LSC will delete such information from its files within a reasonable time.
California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Website who are California residents to request certain information regarding LSC’s disclosure of their Personal Data to third parties for its direct marketing purposes during the preceding calendar year. To make such a request, please email LSC at info@lscgallery.com.
CAN-SPAM Compliance
LSC has taken the necessary steps to ensure that it is compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act of 2003 by never sending out misleading information.
Information Update
LSC recognizes that changes can be made to bulletin and message boards and websites regarding website URL’s and message board placement. If you would like to update your information in any way, please email LSC your updated information to info@lscgallery.com.
Third Party Links
Occasionally, at LSC’s discretion, LSC may include or offer third party products or services on its Website. These third-party websites, as well as advertisements and messages, linked to the Website by LSC are developed, published, and operated by third parties over whom LSC exercises no control. Since LSC does not control the foregoing, LSC encourages you to review the privacy statement posted on any and all third-party websites. LSC is not responsible for the privacy statements or practices of websites and services controlled by third parties. Nonetheless, LSC seeks to protect the integrity of its Website and welcomes any feedback about these websites.
Data Retention
LSC will retain your Personal Data for as long as is necessary for the relevant service or as required by law, or for accounting or regulatory purposes, or as otherwise described in this Privacy Policy.
Data Security
The security of your Personal Data is important to LSC but no method of transmission over the Internet or method of electronic storage is 100% secure. While LSC strives to use commercially acceptable means to protect your Personal Data, LSC cannot guarantee its absolute security.
Your Consent and Changes to the Privacy Policy
LSC reserves the right to change, modify, or update the terms of this Privacy Policy at any time without notice. LSC posts the revised Privacy Policy on the Website and indicates the date of the current Privacy Policy above, so you know when it was last updated. If you do not agree to the revised terms and conditions of the Privacy Policy, stop using the Website. Continued use of the Website after any such revision or modification constitutes your acceptance of the Privacy Policy as so revised or modified.
Feedback
If you have questions regarding LSC’s Privacy Policy, please email LSC at info@lscgallery.com.