Clearwater Contemporary Art, LLC (d/b/a “Helwaser Gallery”) is committed to protecting and respecting your privacy. This privacy policy describes the Personal Data which Helwaser Gallery collects about you through your use of our Platforms, and also sets out how we use, disclose, and protect this data. It also outlines your choices and rights regarding the personal information you have provided to us.
This policy applies to all Personal Data processed online by Helwaser Gallery through its website, social media platforms, email, and newsletter subscription service.
For the purposes of this Policy:
“Personal Data” means any information relating to an identified or identifiable natural person, where an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; and
“process”, “processed” and “processing” means any operation, or set of operations, which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
What information do we collect?
You may give us information about you by filling in forms when using our services, signing up to our newsletter or contacting us with enquiries. Such information can include:
1. Your name, address, telephone number and e-mail address; and
2. Data including artwork information, artworks owned, requested, offered, reserved, purchased, consigned and details of artwork invoices.
Information about your usage of, and interaction with our website. we may automatically collect data about your browsing activities including traffic data, location data, the originating domain name of your Internet service provider, and statistics on page views.
We keep your information confidential, but may disclose it to our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this privacy policy. However, this is on the basis that they do not make independent use of the information, and have agreed to safeguard this information.
In addition, we may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies) in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).
How do we use the information collected?
Your Personal Data is generally processed by us as necessary for purposes directly related to our functions and activities. This includes any one or more of the following purposes:
- Registering you as a new or prospective client,
- Processing purchases,
- Keeping track of contractual agreements,
- Responding to your enquiries,
- Providing you with information and updates about the Services we offer, and
- Informing you on gallery events, news, updates, artwork and exhibition details
We also use various forms of marketing to provide you with promotional materials for the purposes of marketing in accordance with our legitimate interests to send you information about gallery exhibitions and events. We use third party email providers, such as MailChimp, to process these marketing emails. If you would like to be removed from this mailing list, please contact us at info@helwasergallery.com or click on unsubscribe at the bottom of each marketing email.
We may share your Personal Data with our selected third party providers and suppliers for the performance of delivering our Service under the contract between you and Helwaser Gallery, including processing payments and delivering artwork to you in accordance with your instructions. Our third party suppliers will have their own processing terms. Where we reasonably believe that you are or may be in breach of any of the applicable laws, we may use your personal information to inform relevant third parties such as your email/internet provider or law enforcement agencies about the content.
Consent
Helwaser Gallery does not process the Personal Data of persons 16 years of age or younger, except where express consent has been communicated to us by a person capable of giving such consent on his/her behalf. Where the processing of your Personal Data does not fall under one of the bases set out within this policy, we will obtain express written consent from you for such processing by methods or means which include making you sign a form or check a box. You can withdraw such express consent at any time by contacting us at info@helwasergallery.com
You have the right to request a copy of the personal information we hold about you and to have any inaccuracies corrected.
We will use reasonable efforts to the extent required by law to supply, correct or delete personal information held about you on our files (and with any third parties to whom it has been disclosed to).
Access to Personal Data
You may request access to, and correction of, your Personal Data held by us by contacting us at the contact details at any time. All requests for access and/or correction will be processed within a reasonable time except where we refuse such requests in accordance with any applicable laws or regulations. In some situations, you may be able to access and correct your personal information directly through our Platforms.
Safeguarding Personal Data
We will use reasonable technical and procedural measures to safeguard your Personal Data, for example, by: ensuring that access to any personal account you have with us is controlled by a password and username which are unique to you; storing your Personal Data on secured servers; and restricting access to Personal Data on a ‘need to know’ basis.
Whilst we will use all reasonable efforts to safeguard your Personal Data, please note that the use of the Internet and/or our Platforms cannot be made entirely secure and we therefore are unable to guarantee the security or integrity of any Personal Data which is transferred from you or to you via the Platforms.
Object to us processing data about you
You can ask us to restrict, stop processing, or to delete your Personal Data by contacting us at info@helwasergallery.com if:
- The Personal Data was unlawfully processed;
- We no longer need to process that Personal Data for the reason it was collected;
- You need the Personal Data to be deleted in order to comply with a legal obligations;
- You don’t agree with that processing, and there is no overriding legitimate interest for us to continue processing it;
If you inform us that you would no longer like us to store or process your Personal Data, we may be required to collect information from you each time you interact with staff members or through our website.
Making a complaint
If you are unhappy with the way Helwaser Gallery is processing your Personal Data, please let us know.
By email: info@helwasergallery.com, referencing “Privacy Policy”
By mail: Helwaser Gallery, 833 Madison Ave, Third Floor, New York, NY 10021
Data retention
We will hold your personal information on our systems 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.
Changes to our policy
We will notify you of any changes to this policy by email, or announcing it on our website.
Further rights of data subjects in the European Union (“EU”)
If you are a data subject in the EU, you may contact us to exercise the following further rights:
- Request for the erasure of your Personal Data;
- Request for the restriction of processing of your Personal Data;
- Object to the processing of your Personal Data; and/or
- Request to transfer your Personal Data to you or a third party.
- You also have the right to lodge a complaint with the relevant EU supervisory authority if we have contravened any applicable laws or regulations.
All requests made to us in exercising the rights above will be processed within a reasonable time except where we refuse such requests in accordance with any applicable laws or regulations.
Updated August 2019