Privacy Policy

RoGallery is committed to the absolute privacy of our customers and security of this website and user information. Under no circumstance do we sell or rent this information.

This Privacy Policy ("Policy") describes how RoGallery Image Makers Inc. dba RoGallery.com collects, stores, shares, and uses information, and your choices about privacy when you use our website, auctions, products, and services (collectively, “Services”). Your privacy is important to us, and we ask that you read this Policy carefully to be informed about our practices. By using our 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 such withdrawal does not negate our right to process your data prior to your withdrawal.

This Policy applies to all of our Services, regardless of how you use them, and whether or not you register for an Artsy account. This Policy applies to how we collect, store, share, and use information. This Policy does not apply to any entity that we do not own or control, or to any person that we do not employ or manage. If, at any time during the course of using our 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 Provide: We may collect the information that you provide (such as name, email address, home address, phone number) or otherwise make available to us when you access or use our Services, including when you:

  • fill in any forms on our Services, such as when you register for an RoGallery account or update your account or user profile information;
  • access or use our Services, such as when you search for or view artwork or other items, follow artists or artworks, place bids in an auction or otherwise perform transactions (this can include the information you provide on or through our Services, and information about how you access or use our Services, such as which features you use and when you use them);
  • communicate with us.

Information Collected Automatically: We may automatically collect certain information about how you access or use our Services, and by using our Services you consent to the collection of that information. Examples include but are not limited to: internet browser, operating system, device and application identifiers, IP address and geo-location information, access times and dates, referring and exit pages and URLs, clickstream data, search terms, pages viewed, time spent on pages, bounce rate and login frequency.

Information from Cookies, Web Beacons and Similar Technologies: We may collect information through the use of cookies, web beacons and similar technologies. These technologies help us to operate, improve and customize our Services, Content and marketing, for example, by helping us to better understand how Users access and engage with our Services, Content, emails and ads. We may also use third-party service providers (such as analytics or ad providers) that may use cookies, web beacons and similar technologies to help operate their services. Your browser may have settings that allow you to decline cookies, but please note that some of our Services may not be available if you do so, as some of our Services require cookies to operate. For more information about cookies, web beacons, similar technologies, and how they are used, please see our Cookie Policy below.

Information from Other Sources: We may obtain information about you from third-party partners (such as other companies with which we may jointly offer services or conduct promotional events), third-party service providers, credit bureaus or other sources, including but not limited to demographic information, contact information, open data, publicly available data and credit check information. We may use this information for legitimate business purposes, including the performance of a contract, customer support, fraud prevention, and credit-related decisions in connection with our Services, along with other purposes described in this Policy.

Information from Mobile Use: When you access our Services on a mobile device, for example, when you download or use the RoGallery Auction mobile application or visit our website from a mobile browser, we may obtain information about your location and mobile device, including a unique identifier for your device which information may be used for legitimate business purposes. Along with the other purposes described in this Policy, we may use this information in order to customize our Services, Content and marketing for your location. Most mobile devices let you disable location services, and your choices for location services may vary depending on your mobile device.

View on Wall Technology

RoGallery's 'View on Wall' technology is provided by the Hoverlay app providing a unique augmented reality experience for you to see the art on your wall. You will need to download the app for the functionality to work. Please see Hoverlay's Privacy Policy.

How We Use the Information We Collect and the Reasons for Doing So

The information we collect helps us to operate, improve, protect, and customize our Services, as well as develop new Services. The information we collect also helps us provide customer support and make our Services more efficient for you and other Users.

For the sake of transparency, it is our responsibility to outline for you the legitimate business purposes for the collection of information and the reasons why we do so, in order for you to make an informed decision regarding the use of our Services.

In addition to the other uses of information described in this Policy, we may use all of the information that we obtain from or about you for the following purposes and reasons:

  • to provide our Services to you, including new Services we develop later (reason: legitimate business purpose and performance of a contract);
  • to provide you with customer support (reason: legitimate business purpose);
  • to facilitate your communications or transactions with us or other Users (reason: to receive consent, and for legitimate business purpose);
  • to operate, improve, and customize our Services, Content, and marketing, to develop new Services, and to understand how you use and interact with our Services and Content, and the products, services, and Content of others (reason: legitimate business purpose);
  • to develop and display more customized Content and ads to you on or off our Services (reason: to receive consent, and for legitimate business purpose);
  • to promote and maintain a trusted, safer, and more reliable environment on our 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 (reason: to protect the public interest and for legitimate business purpose);
  • 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 account or use of our Services, collect fees, send you updates about our Services or policies, or for other purposes permitted by law (reason: performance of a contract and for legitimate business purpose);
  • 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, printed mailings and offers about our Services and Content, and the products, services, and Content of others (see below for information on how to opt out of receiving certain communications from us) (reason: to receive consent, and for legitimate business purpose);
  • to facilitate your participation in contests, sweepstakes or other promotional events sponsored or conducted by us or by others in conjunction with us (reason: performance of a contract);
  • to comply with our legal obligations, resolve disputes, or enforce our Terms of Use or any other RoGallery policies or agreements with Users (reason: compliance with a legal obligation); and
  • to perform other functions as described when the information is collected or requested, or for other purposes with your prior consent (reason: legitimate business purpose).

User Account Settings

Registration, Access and Records: To register for an Artsy account, you will need to do so by providing your full name and a valid email address. If you have received our permission to use our Services as a business, you may need to complete an additional registration process and provide additional information. If you have an Artsy account, you may access, add, remove or update certain information about you in your profile and account settings, as indicated on our Services. It is your responsibility to update all such information as necessary 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 any other agreements between you and us and any transactions which have not yet been completed. 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, and any such data shall be attached to a unique identifier which cannot be used to identify you; 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 (+1)718-937-0901 at art@rogallery.com.

Profile and Account Information: To make our Services more interactive, certain information about Users’ profiles or accounts may be made accessible to other Users on or through our Services, as indicated in Users’ profile and account settings on our Services, or as otherwise indicated by us when you use certain Services. Our Services may include settings to control how certain profile or account information is shared with other Users on or through our Services, and you should check your profile and account settings regularly to be informed of your current choices. For further information, please contact us (+1)718-937-0901 at  art@rogallery.com.

Data Retention: We will keep and use your data as described in this Policy for (i) as long as your account is in use, is open, or is active; (ii) as long as is necessary to comply with any tax, legal, and/or other regulatory requirements; and (iii) 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 (+1)718-937-0901 at art@rogallery.com. By deleting your data from our Site, you understand that you will no longer be able to use our Services. We will retain your anonymized, aggregated, depersonalized data after it has been deleted from our Site.

Communication Preferences
We provide registered Users with settings on our 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 received, modifying your preferences in your profile and account settings (if you have registered for an Artsy account), or emailing us at art@rogallery.com. 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 with us or other Users. For further information, please don’t hesitate to contact us at art@rogallery.com. Please note that unsubscribing from receiving emails from us may result in a less robust experience of our Services.

Artist Favorites & Followed Artworks
Our Services may include features that enable you to designate your “favorite” artists, designers or other creators, artwork or other items, or categories of artwork or other items. Our Services may also include features that enable you to “follow” artists, designers or other creators, or specific artworks or other items.

If you enable such designations, we may include you in email communications regarding those designations. 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, please contact us at art@rogallery.com.

Links to Other Web Sites
Our Services may include links to other websites or services that we do not own or control, and other websites or services that we do not own or control may include links to our Services. Our Services may also include features that enable you to link your Artsy account to your account on other social media services. For example, you may be able to sign up for (or sign in to) our Services through another social media service. Our 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 other websites and services that you visit or use to be informed of their practices.

Sharing Personal Information

Personal Information. Under this Policy, "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), and 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. In certain circumstances, Personal Information may also include information you voluntarily provide to us such as artists you choose to follow. 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 our Services, or that perform services for us related to our Services, and they may process your Personal Information as necessary to perform those functions for us. Examples may include but are not limited to: identity verification, document authentication, public database review, order fulfillment, package delivery, payment processing, bill collection, fraud investigation, email and postal mail administration, customer service assistance, web and mobile data analytics, display ads, and server and database hosting services. For the avoidance of doubt, we do not sell your Personal Information to our Service Providers.
  • Payment Processing: We use third-parties, including Authorize.net, to gather your data from financial institutions. By using our Services, you grant our third-party providers the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution according to terms of such third-party providers' privacy policies and service terms.
  • Images: Items submitted to us via the Sell Art page or email we may send to a third party for authenticity verification. We will not distribute, replicate or share your personal data with anyone during the discussion of purchase or consignment.
  • 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 Artsy 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 Artsy account.
  • Legal Purposes: We may access, preserve, and disclose your Personal Information and/or other information if we believe that such access, preservation or disclosure is reasonably necessary to: (i) comply with any law, regulation, legal process or governmental request (such as search warrants, subpoenas or court orders), which may include responding to legal requests from jurisdictions outside the United States; (ii) enforce our Terms of Use or our other policies or agreements with Users, or investigate potential violations; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) protect or enforce the rights or property of Artsy, you, or any other person or entity; or (v) prevent physical harm to any person, including situations involving possible violence or self-harm.

Aggregated/Non-Personal Information
We may aggregate and/or make anonymous any Personal Information that 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 purposes, including research and development, marketing, and to inform others about how our Services or Content are engaged with or used.

Payment Information
If you use our website or auctions, you may need to provide payment information, such as a credit card number, type and expiration date. We do not intentionally store credit card information entered on our 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 that 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.

Security
Every Artsy account is protected by a password to help maintain privacy and security on our 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 our 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 via email is unencrypted.

Note to Parents
At RoGallery we are aware that many children may want to visit us on the internet. Although we welcome browsing, we encourage children to receive permission from their parents before doing so.  Art is an open and free expression of the human condition.  If you feel that you or your children may be offended by any of the content of the site, please refrain from using it. Our Services are not directed to children under the age of 16, and we do not knowingly collect Personal Information from people in this age group.

U.S. Based Service
Our center of operation is in the United States. Your data is held in the United States and transactions are processed in US Dollars on servers in the United States. As such, all data is held in accordance with United States laws and procedures which differ from those in other regions of the world, such as the European Union. By using our Services, you acknowledge that you understand and agree to these data policies.  If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”).

California Residents

If you are a resident of California as defined in Section 17014 of Title 18 of the California Code of Regulations, you may have additional rights regarding our use of your personal information. For more information regarding the California Consumer Privacy Act of 2018, please visit their website here.

Statutory Requests
Some jurisdictions have laws that give people the right to access or correct their Personal Information which 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 art@rogallery.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).

Notifications of Changes to 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 at our sole discretion. For example, and without limitation, we may change this Policy to reflect changes to the law or changes to our Services. All changes to this Policy will be effective when posted on our 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 our Services, and you agree to review this Policy regularly and inform yourself of all applicable changes. By continuing to use our 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.

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 our Services, Content, emails, and ads displayed on or off our Services, and to operate, develop, improve, and customize our Services, Content, and marketing, including ads displayed on or off our Services. Most 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 our Services, as some of our Services require cookies to operate.

What these Technologies Are: “Cookies” are small data files placed on your computer or other device which record information. For example, a cookie could enable our Services to recognize your browser, while another cookie could store your account preferences and other information to help make our 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 services providers who help us to better understand how our 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 our 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 our Services, Content, emails, and ads on or off our 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 our 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 our Services through Google advertising cookies and anonymous identifiers. We and third-party providers, including Google Analytics, may use first-party cookies (i.e. cookies set by the website you are visiting) and third-party cookies (i.e. 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 our 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. For more information about AdChoice, please visit their website. 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 art@rogallery.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.

Contacting Us
If you have questions or comments about RoGallery's Privacy 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 such Personal Information, you may contact us by email sent to art@rogallery.com, or by postal mail sent to RoGallery 47-15 36th Street, Long Island City, NY 11101 (Attn: Privacy).

Published January 29th, 2020

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