#Privacy Policy

Last Updated: 28 July 2022

Please take the time to read this Privacy Policy as it contains important information about how we process or store personal information (personal data).

ArtDeal AG, Kanzleistrasse 122, 8004 Zurich, Switzerland (referred to herein as "ArtDeal" "we" "us" and "our") respects your privacy. This Privacy Policy describes what we do with personal information we collect from you through our websites (in particular vivents.com) and any other microsites (the "Website") or mobile applications (the "App(s)") or information you provide to us when you visit our Facebook, Instagram, YouTube, Twitter, and other social media platforms (our "Social Media Pages") or when you are participating in a Vivent (as defined below). ArtDeal offers virtual events conducted on the Website or the App(s), i.e., a specific arrangement of different technologies and interfaces comprising of a combination of virtual marketplaces, auctions, social chats and one-click-buy as well as social functions ("Vivents"). During Vivents you may offer for sale, market and sell ("Seller(s)") as well as purchase and browse ("Buyer(s)") pieces of art (including Non-Fungible Tokens (NFTs)), jewelry and other luxury goods as well as other property ("Art Items"). The Website, the App(s) and/or the Vivents also include features that enable you to contact and communicate with us or other users about the Art Items and otherwise during Vivents and publish other content.

This Privacy Policy does not apply to job applicants, employees or independent contractors who work for us, nor does it cover the privacy and security practices of social media platforms on which ArtDeal has Social Media Pages. Please review the terms, policies, and settings of those social media platforms if you have questions about how they collect and use your data.

ArtDeal is the controller of your personal information collected pursuant to this Privacy Policy and will process your personal information (as applicable) in reliance on the legal bases outlined in Section C below, if such legal basis is required according to applicable law.

We may revise this Privacy Policy periodically and in the event of material changes, we will notify you by means of a notice on our Website and/or the Apps.
A. Information We Collect

The personal information we collect depends on how you interact with us. We may collect the following categories of personal information about you:

Device Information: When you visit our Website, use our Apps, participate in Vivents, interact with our Social Media Pages or online ads, or open our emails, we learn about your browser, device type, plugins, IP address, MAC address, internet service provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, the pages you visit, the platform you use, your screen resolution, your time zone, and any search terms you enter while on the Website or the Apps or participating in a Vivent.
Location Data: We use various technologies to learn your geographic location, including by collecting your IP address or other device information, which may depend on your device’s settings for location services and how you interact with us.
Website/Apps Interactions: We collect information about your interactions with our Website and Apps, including pages visited, links clicked, buttons clicked, mouse movement, scroll behavior, and non-sensitive keystroke activity. This data may then be used to create a "session replay" of your interaction, which may be used to troubleshoot customer service issues, either individually or in the aggregate, to improve site/app functionality and to analyze user interaction. This information could include personal information, depending on what information you provide.
Contact Information: We collect your contact information, including first and last name, nickname (as applicable), address, telephone number, email address, billing address, shipping address.
Profile Picture: We collect your profile picture that you choose and upload on the Website or the Apps.
Payment Card information and Payment Details: We may collect your payment card information or payment details if you make an order or add it to your account with us, if any.
Other Forms of Identification: We may collect your bank details, account number, tax file number, credit/debit card number, or social security number if you provide that information.
Activity History & Transactional Data: We keep track of your activity history on the Website and/or the Apps, particularly as regards your sale/purchase transactions.
Call records, chat records and email records: If you call, email, text, or chat with our customer service agents or if you text or chat with other users (like Sellers or Buyers) via the Website, the Apps or during a Vivent, we may keep records of those conversations including all such information you have provided to us in connection with such conversation.
Demographic Information: We may collect demographic details about our customers such as birthdate, gender, postal code and social media information.
ArtDeal Account Data: If you register or have a registered account with ArtDeal, we will collect your Contact Information, Profile Picture, passwords for the account, Demographic Information, Preferences, and Activity History & Transactional Data ("ArtDeal Account").
Preferences: We may collect information about your preferences, such as products or services you may be interested in.
Inferences: We may draw inferences about any of the information above that may relate to your preferences, or other matters.
B. How Your Information Is Collected

We may collect the information described above directly from you, from third parties we work with, or through cookies or other automated means. These sources may include:

You: We collect information directly from you, whenever you: act as a Buyer, act as a Seller, participate in a Vivent; contact us with questions or comments; respond to a survey, upload content to our Website, Apps, or Social Media Pages, share content during a Vivent; create an ArtDeal Account; purchase, sell, offer or declare interest in Art Items; opt in to text messages; fill in any forms on our Website, Apps, or Social Media Pages.
Your Device or Browser: Certain Device Information (as defined in Section A above) is automatically collected from your device or browser and analyzed when you visit our Website, use our Apps, participate in a Vivent, interact with our Social Media Pages or online advertising, or open our emails.
Social Media Platforms: Social media platforms process, share with us and make publicly available personal information. You can learn more about how social media platforms collect and use your information by reviewing their privacy policies and settings. If you contact us via our Social Media Pages to make a complaint or service request, then we will collect information related to such complaint of service request from the social media platform.
Cookies and similar technologies: ArtDeal uses cookies (small files stored on your device or browser), pixel tags (tiny graphic images embedded in a website or email), web beacons, and other similar technologies to automatically collect information when you visit our Website, use our Apps, participate in Vivents or interact with our emails.

We also contract with third party advertising or analytics companies to serve you online ads on other websites. These companies use cookies or similar technologies to collect information about your interactions with our Website and Apps and interactions with other websites. These advertising companies may use and share the information gathered to deliver ads more tailored to your interests. We receive aggregate information from these third parties to understand our advertising effectiveness.
C. How We Use Your Information

Fulfillment: Fulfilling the contracts we have concluded with you to offer you the use of and the services on the Website, Apps and Vivents to allow you to act as Buyer and/or Seller as regards Art Items, create an ArtDeal Account for you and, including, but not limited to, enable you to conclude or process a sale/purchase transaction as regards an Art Item with a Seller or a Buyer, allow you to participate in a Vivent, process (or let being processed) payments, linking sale/purchase transactions to your ArtDeal Account, and respond to your customer service inquiries. If you are using the Website, the Apps or if you are participating in a Vivent, your first and last name and/or nickname (as applicable) as well as your Profile Picture will be visible to all other users or participants (including in particular Sellers and Buyers) and such other users or participants will be able to contact you through the Website or the Apps. Legal Basis for customers in the EEA/UK or other jurisdictions that require such: This processing is necessary for us to establish and perform our contract with you and the fulfillment of the contracts between Seller(s) and Buyer(s).
Understanding Our Customers: Analyzing your activity with us and with the Buyer(s) and Seller(s) and other users (including your interactions with or within our Website, Apps, Social Media Pages, Vivents, and emails or other forms of communications, analyzing trends and statistics). We keep track of the pages you visit and the manner in which you use the Website or the Apps to determine what Art Items and/or sale/purchase transactions are most popular or successful and whether to make changes to the Website, the Apps or the Vivents. We may, from time to time, review your information and information of other customers to help us analyze trends, sale/purchase transaction patterns and preferences, and demographics. Legal Basis for customers in the EEA/UK or other jurisdictions that require such: We consider that we have a legitimate interest in carrying out such analyses to improve the user experience and provide a higher quality service.
Personalization and Marketing: Using your preferences and other collected information to personalize your experience on the Website, the Apps or the Vivents by using your product interests, transaction patterns and sale/purchase information to recommend other products, services or opportunities that we believe you may be interested in as well as personalizing advertising and experiences on our Website, Apps, Vivents, emails, Social Media Pages and ads. Legal Basis for customers in the EEA/UK or other jurisdictions that require such: With your consent which you can withdraw at any time.
Communications: Communicating with you, including responding to your requests. Legal Basis for customers in the EEA/UK or other jurisdictions that require such: We consider that we have legitimate interest in responding to your requests / queries efficiently and effectively. To the extent the request relates to the exercise of your privacy rights, we have a legal obligation to process such requests.
Anti-Fraud: Performing credit and anti-fraud checks on your and the payment method that you have provided; these checks may be required, amongst other things, to verify your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorization and/or to authorize individual purchases. Legal Basis for customers in the EEA/UK or other jurisdictions that require such: We consider that we have a legitimate interest to carry out the necessary verifications to detect and prevent potential fraud. This allows us to (i) implement measures to protect you against attempted fraud perpetrated by third parties; (ii) avoid unauthorized use of our Website, Apps and Vivents. We may also be required to carry out such processing by law in certain instances.
Automated Individual Decisions, Including Profiling: ArtDeal reserves the right to analyze and evaluate your personal information in an automated manner to identify significant personal characteristics for you or to predict developments and to create relevant profiles. Profiles refers to the combining of different behavioral and preference data, but also contract data and technical data relating to you, to draw conclusions on essential aspects of your personality, interests or other characteristics (for example what you like, how you behave in certain situations) from the totality of this data. These are used in particular for the provision of opportunities and information that we may make available to you (e.g., to find out which other products or services are likely to be of interest to you based on your activities), to detect misuse and security risks, to perform statistical analysis or for operational planning. Your profiles may lead to automated individual decisions, e.g., the receipt and execution of your requests on the Website or the Apps in an automated fashion. If you do not wish to have your data used in this way, you have the right to contact us so we do not further use such data for this purpose. ArtDeal ensures that a suitable contact person is available to you, by using the contact details in Section K below, if you wish to express a view on any automated individual decision where such opportunity to express a view is required by law.

Where we need to collect your personal information in order to comply with our legal or contractual obligations, and you fail to provide such personal information when requested, we may not be able to provide the service to you.

You have a right to object to the processing of your personal information where that processing is carried out for our legitimate interests or for direct marketing purposes.
D. How We Share Information and for What Purposes

ArtDeal may share personal information with third parties for the purposes described in Section C (How We Use Your Information). For example, we share personal information with:

Seller(s), Buyer(s) and other Users: We may share your personal information with any Seller(s), Buyer(s) and/or other users of the Website, the Apps or any other participants in Vivents. We may share with them the types of information described in Section A (Information We Collect) and in particular Contact Information and Profile Picture. Your personal information will in particular be shared for the purposes referred to as Fulfillment in Section C above. The Seller(s) and/or the Buyer(s) will use the personal information for negotiating, concluding and/or performing the contracts between them and thereby for their own purposes as independent controllers pursuant to their own conditions and policies (buy and/or sell Art Items).
Service Providers: We partner with third parties to assist with many aspects of our business, including Website, App and other IT hosting, fulfillment, customer support, accounting, marketing, translation, ratings and reviews, reporting, advertising, and analyses of your interests and activity on the Website, Apps, Vivents and Social Media Pages. These third parties may provide services related to any of the purposes described in How We Use Your Information, and we may share with them any types of information described in Information We Collect. This includes sharing information with banks and the providers of credit reports as well as fraud prevention, tax processing, and credit reference agencies. We may also receive information collected by these third parties and combine it with the information we have collected. Your information may also be collected and processed by third parties, such as the payment or logistics/shipping providers you or we select, who will process your information independently in accordance with their own privacy notices.
Marketing Agencies and Data Analytics Providers: We may partner with third parties to assist with the advertising and marketing of our business and performing business analytics. We may share with them the types of information described in Section A. We currently use in particular the following service provider:
Google Analytics: Google Ireland Ltd. (located in Ireland) is the provider of the service "Google Analytics" and acts as our processor. Google Ireland relies on Google LLC (located in the United States) as its sub-processor (both "Google"). Google collects information about the behavior of visitors to our Website (duration, page views, geographic region of access, etc.) through cookies and on this basis creates reports for us about the use of the Website. We have configured the service so that the IP addresses of visitors are truncated by Google in Europe before forwarding them to the United States and then cannot be traced back. We have turned off the "data sharing" option and the "signals option". Although we can assume that the information we share with Google is not personal information for Google, it may be possible that Google may be able to draw conclusions about the identity of visitors based on the data collected, create personal profiles and link this data with the Google accounts of these individuals for its own purposes. With respect to the transfer of your personal information (in particular Website and App usage, device information and unique IDs) to the United States and other countries see also Section E below. Information about data protection with Google Analytics can be found here https://support.google.com/analytics/answer/6004245 and if you have a Google account, you can find more details about Google's processing here https://policies.google.com/technologies/partner-sites?hl=en.

Other Third Parties: We may also share your personal information as required or permitted by law to comply with legal or regulatory requirements or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property or the rights, property or safety of others, including to law enforcement agencies, and judicial and regulatory authorities. We may also share your personal information with third parties to help detect and protect against fraud or data security vulnerabilities. And we may transfer or disclose your personal information to a third party (e.g. in a due diligence process) in the event of a (planned or contemplated) sale (share or asset deal), financing, merger, reorganization or other restructuring or transaction.
E. International Transfers of Personal Information

Personal information collected from you will be processed in Switzerland, where we are located, or the European Union. Certain of the recipients identified in Section D above may, however, be located in the EEA/UK, in the United States or elsewhere. Your personal information may therefore, be transferred to us and our service providers located in countries outside the EEA / Switzerland / UK and which are not considered to provide an adequate level of data protection. Such transfers will only take place in accordance with applicable data protection laws. In this case, ArtDeal will generally ensure appropriate data protection by bindingly agreeing with the recipient of your personal information in such countries not considered to provide an adequate level of data protection on so-called standard contractual clauses that have been approved in advance by the competent supervisory authority and by taking further precautions required under applicable data protection laws.
F. Privacy Rights for Customers

You have certain rights in relation to the personal information which we process about you which may be subject to limitations and/or restrictions. These include the right to:

request access to and rectification or erasure of your personal information;
withdraw consent to the processing of your personal information;
obtain restriction of processing or to object to the processing of your personal information; and
ask for a copy of your personal information to be provided to you, or a third party, in a digital format.

If you wish to exercise any of these rights, please contact us using the contact details in Section K below.

You also have the right to lodge a complaint about the processing of your personal information with the competent data protection authority.
G. Children

ArtDeal does not knowingly or purposefully request or collect personal information from any person under the age of 16 years old. If you believe that your child under the age of 16 has submitted personal information to ArtDeal in connection with our Website, Apps or Vivents, please contact us at contact@artdeal.ch.
H. Retention of your Personal Information
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
I. Security
We implement and maintain reasonable security safeguards that are appropriate to the size and complexity of our business and the sensitivity of the personal information we collect. Although we use measures to protect your personal information, even the most robust safeguards may not always be able to prevent all breaches of security.
J. Links to Other Websites or Apps
The Website or the Apps may, from time to time, contain links to websites or apps owned and operated by third parties ("Third Party Sites"). ArtDeal has no influence on whether operators of such Third-Party Sites comply with the applicable data protection regulation. We encourage you to review the privacy policies of such Third Party Sites so that you understand how those websites or apps collect, use and share your information. We are not responsible for the privacy policies or other content on Third Party Sites.
K. Contact Us
We welcome your comments and questions. Please contact us at:

ArtDeal AG
Attn: Privacy Policy Inquiries
Kanzleistrasse 122
8004 Zurich, Switzerland
Email: contact@artdeal.ch

Data Protection Representative EEA:
Rickert Rechtsanwaltsgesellschaft GmbH
- Artdeal -
Colmantstraße 15
53115 Bonn
Germany
art-27-rep-artdeal@rickert.law

Data Protection Representative UK:
Rickert Services Ltd UK
- Artdeal -
PO Box 1487
Peterborough
PE1 9XX
United Kingdom
art-27-rep-artdeal@rickert-services.uk
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