FairArt Privacy Policy

Effective from: July 1st, 2022

Please read our Privacy Policy carefully to find out more about who we are and what we do with your data. Let us know if you need help in understanding what it means for you.

We are FAIRART LIMITED (FairArt, we, our or us) and we operate the FairArt website.

Here's how we use personal information about you (your data).

FairArt can be accessed via our website (the Service). When you use our Service, we will collect and use data about you. This Policy applies to how we collect, store, share, and use information and what choices you have in relation to your data.

We also use cookies, which are files that are stored on your device and access information. You can find out more about how and why we use cookies in our Cookies Policy.

1. What data do we collect and how do we use it?

We collect your data when you register to FairArt and whilst you are using our Service. We use your data so that you can use the Service and, from time to time, we may use your data to comply with our legal obligations or for other legitimate reasons. There may also be times when we ask for your consent to use your data.

We collect data from you when you use our Service or when you provide it to us, for example when you:

• Register to use the Service.
• List an item for sale or make an offer or sell or buy an item.
• View or search for an item.
• Sign up to our marketing emails and push notifications.
• Complete a form or survey.
• Enter a competition or take part in a promotion.

We need a legal reason to collect and use your data. The main reason we use your data is to perform our contract (the FairArt Terms and Conditions of us) with you, so that you can use our Service.

We may also collect and use your data if we:

• Are legally required.
• Have your consent.
• Have a legitimate reason to do so in a way which might reasonably be expected as part of running our business (known as a legitimate interest), as long as your interests and fundamental rights do not take priority over our legitimate reasons.

Below you can see that we have listed more information on the types of data we collect and why we use it.

Contact Details and Proof of Identity

When you open your account, purchase, list, make an offer or sell an item you will provide us with contact information like your name, email address, telephone number and address.

We use this contact information so we can get in touch with you:

• About the products you buy and sell through the Service.
• About queries, issues or concerns you or other users have.
• If you enter a competition or take part in a promotion.
• To ask you to complete a form or survey.
• To send you marketing communications.

If you deal with a FairArt seller, we will share your contact details with them for shipping purposes. This is a necessary part of buying and selling and using our Service.

If an account has been blocked or banned, we store this data. We do this for our legitimate interests of enforcing our Terms of Service.

Comments and Opinions

If you contact us, for example by email, phone, post or complete an online form, we will collect the comments and opinions you communicate to us.

We also collect data you provide to us, which includes comments and opinions, when you:

• Complete a form or survey.
• Enter a competition or take part in a promotion.
• Post on community boards or other message areas.

We use comments and opinions where we have a legitimate interest to address any issues, concerns or questions, as well as to make our Service better for you and other users.

If you complete forms or surveys, enter competitions or promotions, or post on community boards or other message areas, we use your data, including any comments and opinions, to help determine which products or services you might be interested in.

Competitions and Promotions

We collect data you provide to us when you enter a competition or participate in a promotion. We use this data for the purposes of running the competition or promotion you have entered.

This data may include your contact details, such as your name and any other information you provide as part of the competition entry or promotion, as well as any comments or opinions you provide.

If you win a competition or promotion, we have a legitimate interest in using your data in publicity relating to the competition or promotion. This may include your name, FairArt username, photographs, likeness, voice, opinions and biographical information.

Your Content and Images

We collect your content, which may feature images containing your personal data, when you voluntarily submit it to us when using the Service. We may use your content and/or images in our online and offline marketing campaigns, which may be conducted via third parties on our behalf, subject to the licence you give us to use such images and content as set out in our Terms and conditions of use.

We process your personal data for these purposes either on the basis of our legitimate interests in order to promote FairArt in our publicity and marketing campaigns or with your consent.

Payment and Transactions

We collect data, including payment information, in relation to items you buy or sell and the payment method(s) you use so you can pay for items and receive money for items that you have sold.

If you buy something using our Service, name, delivery address, email address and phone number that you provide during checkout will be shared with the seller for the purposes of your order. However, you should not share your details directly with sellers and if something does not feel right or you have any concerns, please do not hesitate to contact us.

By using our service, you authorise FairArt to pass any information and payment instructions you provide to our payment partner, Stripe. In order to comply with KYC requirements, Stripe may request documents from sellers for identification purposes (which may include name, email address, unique customer identifier, order ID, a recent utilities bill, bank account details, payment card details, card expiration date, CVC code, date/time/amount of transaction, merchant name/ID and location) to the extent required to complete payments via the Service. Our support and moderation team will also have access to this information in order to process and support transactions and moderate refunds.

Our payment partners may also collect your information, including information collected by cookies or other similar means, to the extent this is necessary to process the transactions or to satisfy security requirements.

Where we, or our payment partner cannot confirm your identity using other information that we hold about you or that you have provided to us, we may need you to send us copies of identification documents, which we will use together with your contact information. We use this data for our legitimate interest of verifying your details and helping prevent fraudulent access to the Service or use of your account.

We also use your transaction information and your purchase history to help decide which products and services you might be interested in hearing about and to send you marketing messages about them.

Website log in

When you create an account and log in, we collect your email, password and information about your device. It is in our legitimate interest to use this data to keep your account secure.

Every FairArt 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 unauthorised 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, unauthorised 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.

Your Device

We will collect information about the device you are using to use the Service. This includes a computer, smartphone or any other electronic device that you can access the Service from.

This can include the type of device, unique device identifying number (such as Android ID, Apple ID or browser fingerprint), what operating system is used on the device, what browsers and applications are used to connect to our Service by your device, your internet service provider or mobile network, your IP address and your device telephone number (if it has one).

If you are logged into a registered account, this information may be associated with you.

We use this device information so that the way the Service is presented and works is suitable for your device. We also use this device information for our legitimate interest of ensuring any users that have been banned are not able to access the Service by creating a new account, as well as detecting and analysing potentially suspicious user activity in order to protect our Service and other users of our Service.

Your preferences

You can opt out of marketing emails at any point in the my account section.

How you connect to and use our Service

We collect data about how you use our Service. This includes:

• Artists you have viewed.
• Items you have listed, viewed, bought, sold, searched for.
• The time you access our Service and for how long.
• The website you came to our website from, or went after leaving our website.
• Any choices you make when using our Service.

We use this and other data (with the help of third party analytics providers) to:

• Provide you with our Services, including to administer your account with us, notify you about changes to our Services, and allow you to participate in interactive features of our Services, when you choose to do so.
• For internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
• Ensure that content from our Services is presented in the most effective manner for you and for your computer.
• Perform marketing analysis and provide you with promotional updates and information about our products we feel may interest you, including via email and SMS messaging. You can object to further marketing at any time by managing your account settings or selecting the “unsubscribe” button in our marketing and promotional update communications to you. Personal Information obtained through SMS short codes will not be shared with third parties for those third parties' marketing purposes.
• Deliver relevant content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.
• Keep our Services safe and secure.
• Analyse and improve our Services, and develop new products and services.
• For compliance purposes, including enforcing our legal rights, or as may be required by applicable laws and regulations, as well as for other purposes for which we obtain your prior consent or provide specific notice at the time Personal Information is collected.

Other Users

If users want to invite you to use our Service or share information about our Service, we will use data they provide to us about you to help them to do this. We will only do this if they have told us that you have agreed they can communicate with you in this way.

Fraudulent or Criminal Activity

We use data about fraudulent or criminal activity which is related to your use of our Service. We use this for our legitimate interests in detecting and preventing fraud and crime, and to comply with our legal obligations. We may monitor the data you provide to detect potential fraud, abuse or breaches of our Terms of Service, including listings (description, price), messages, user profile information, linked account information and/or device ID, as well as detecting users that may have previously been removed from our Service. We may use this information for the purposes of automatically removing certain users from our Service in order to protect our Service.

Other uses of your data

We will use data we collect to:

• Monitor and improve our Service.
• Help us develop new products and services.

When we use your data for these purposes, this won't result in any data that wasn't previously publicly available being made public on our Service.

We also use your data to resolve disputes between users, provide support to users, to troubleshoot and help solve problems, and to enforce our Terms of Service.

Sensitive Data

We may collect sensitive data, such as information about your religious beliefs, racial or ethnic origin, physical and mental health details, or sexual orientation.

We collect and use such data when we have your express consent, for example when you complete a survey. With your permission, we may feature you or your profile in publicity and marketing campaigns and to feature you or your profile on the Service. Providing your sensitive data for these purposes is entirely voluntary.

We may also collect and use such data to comply with government regulations and guidance.

Careers

If you apply for a job with us directly, you may provide us with your resume, name and contact details, and any other information that you submit to us. If you apply for a job with us through a third-party platform (such as LinkedIn), we will collect the information you make available to us through such a third-party platform.

2. Marketing Preferences

We may send you emails about products and services we think you will like, but you can always tell us if you don't want to receive these anymore.

Email: We may contact you by email about our products and services. If you don't want us to contact you by email with marketing messages, you can unsubscribe from our marketing emails by clicking on the unsubscribe link in the emails we send to you.

Third parties: 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 fulfilment, 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 Stripe, 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 providersŝ privacy policies and service terms.

If you use our marketplace or register for certain Services, 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 authorise 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.

3. Advertising on other websites

We may share certain information with third party platforms such as Facebook, TikTok, Snapchat and Google to enable us to better target our advertising on those third party platforms to users of our Service who are also users on those platforms, or to individuals on those platforms that may be similar to users of our Service.

In addition, we may also use information we collect via the FairArt to create “audience groups” for the purposes of our advertising on third party platforms. In those circumstances, we may share certain information with third party platform providers which allows us to better target our advertising to users on those third party platforms. Any third party platforms will also have their own privacy policies which you should read.

Cookies and similar technologies are usually used to provide this type of advertising. You can find out more about what Cookies we use and why, and how to manage your Cookies settings in our Cookies Policy.

4. What data can other users see?

When you use our Service, some of your data is public and can be seen by others (such as listing and offer prices). This information is public to allow buyers and sellers to use our Service, including to allow buyers and sellers to make informed decisions regarding purchases and sales.

In general, we don't give user email addresses to other users. However, we may pass your email address (as well as other details) to a seller where you have purchased an item to the extent necessary to fulfil your order.

5. Who are we sharing your data with?

We may need to share your data, for example to third parties that provide us with services or for legal reasons.

Our service providers: These are third parties that provide services to us. These third parties are only allowed to use your data in accordance with our instructions to them. We may need to share your data with service providers such as:

• Shipping providers, for items you sell or purchase.
• Payment providers, to process sales transactions.
• Identification verification service providers, to verify your access to the Service and prevent fraudulent activity on your account.
• Moderators who monitor our Service, to ensure our Terms of Service are not being breached and that no criminal activity is taking place using our Service.
• Analytics providers, who help us better understand how our Service is used (see How you connect to and use our Service for more information).
• Third party service providers that help us with improving the functionality of our Service (e.g. providers of image tagging services which facilitate your sharing of images via our Service).

In some cases, our service providers may collect data directly from you, for example if they are asked to conduct a survey for us. Where this happens, you will be notified of their involvement and any data you provide to them will be completely optional. The service provider's use of your data is governed by its privacy policy.

Advertising partners: We may share data about users of the Service with our advertising partners to help us better target our ads and understand the effectiveness of our ads, as described in Section 3 above. We obtain your consent before doing so where applicable laws require us to obtain your consent or rely on legitimate interest. You can contact support@fairart.io to opt out of such sharing. We may ask you to provide some information to verify your identity before we stop sharing your data with our advertising partners.

Law enforcement, regulators and others for legal reasons: If we are under a legal obligation, we may need to disclose your data to third parties such as law enforcement or regulators. We may also need to disclose your data to third parties to protect our (or others) rights, property or safety or to detect or investigate illegal activity and any breaches of agreements we have with you, including our Terms of Service.

Business reorganisation: If we are involved in a sale, merger, liquidation, receivership or transfer of FairArt's assets your Personal Information may be one of the assets transferred. In this event, if you have registered for a FairArt 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 FairArt account.

Information that cannot identify you

We don't disclose data that could be used to identify you to anyone else, except as mentioned in this Privacy Policy.

We may provide third parties with aggregated statistical information and analytics information about users of our Service, but if we do we make sure no one can be identified from this information before we disclose it.

6. How long do we keep your data?

We will only keep your data for as long as we need it. If you have an account, this means we keep your data when your account is active. If your account is closed, we also keep your data for a reasonable period of time afterwards. We may also keep your data for legal or technical reasons.

We only keep your data for as long as we need it and for the purpose it was collected for. This includes when we need to keep your data to comply with any legal, compliance, accounting or reporting requirements, or for the purposes of fraud prevention.

When we decide how long we need to keep your data for, we take into account the amount, nature, and sensitivity of the data, the potential risk of harm from unauthorised use or disclosure of your data, the purposes we use your data for and whether we can achieve those purposes another way, and applicable legal requirements.

If you have an account with us, we will keep your data for as long as your account is active. If you close your account, or we close it because you have been inactive for a long time, your data will be kept for a period of time after your account has been closed.

After your account has been closed, we may also need to keep your data for legal or technical reasons (including back-up systems), for example to retain proof of transactions, so we can enforce our rights, and enable the other party to a transaction to access records of past purchases or sales. Following this period we will either delete the data or change it to a form that does not identify you, with or without notice to you.

If your account is deactivated, some of your data may persist and appear within the Service, for example where your data has been shared by other users of our Service. If your account has been banned, we will retain certain data about you to prevent you from opening a new account, in order to protect us, our users and the safety of our Service. For details of retention periods for other aspects of your data, please contact us at support@fairart.io.

We may store information, which may include your data, locally on your device using Cookies and other methods. For more information on how long Cookies are stored, please see our Cookies Policy.

7. How do we transfer your Personal Information?

We may transfer your Personal Information to the United States and other countries that may not have the same data protection laws as the country in which you initially provided the information for purposes such as storage and processing of data, fulfilling your requests, and operating our Services. However, where we do transfer your data to another country, we will only do this where we have appropriate measures in place to protect your data.

The data we collect may be transferred to and stored in countries outside of the country where you live. This includes to companies within our group and to third party service providers and moderators. Your data may be processed by staff (who work for us or one of our suppliers) and other users of the Service that are outside of the country where you live. This may happen to fulfil a purchase, process payment details, provide support and verification services and enable us to run the Service.

Not all countries offer the same level of protection of data and may be less protective than the UK or EEA. However, we will only transfer your data to countries that are subject to an adequacy decision issued by the European Commission, or where the entity is bound by an appropriate data transfer agreement as deemed adequate by the European Commission, known as the Standard Contractual Clauses or SCC.

Where we use service providers in the US, we may transfer data to them if they have agreed to the Standard Contractual Clauses, which requires them to provide similar protection to personal data shared between the EEA (and the UK) and the US.

We will take all reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy and any relevant privacy laws.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your data, we cannot guarantee the security of your data transmitted through our Service and any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorised access.

8. Your Rights

You have certain rights relating to the data we hold about you. If you make a request we may not be required to comply with it, but if that happens we will explain why. If you want to exercise any of your rights you can contact us at support@fairart.io.

Right of access: You can ask to confirm the data we hold about you and to request a copy of that data.

Right to correct your data: You can ask us to correct any data we hold about you if it is inaccurate or incomplete.

Right to erasure: In certain circumstances you can ask us to erase your data. However, we may not always be required to comply with your request for specific legal reasons which will be notified to you, if applicable, at the time of your request. We may need to keep some information about you (please see How long do we keep your data? for more details).

Right to object: You can object to us processing your data where we are relying on a legitimate interest and you believe it impacts on your fundamental rights and freedoms. We will consider your objection but we may not be required to comply with your request, for example if we can demonstrate that our legitimate grounds override your rights and freedoms. You can also object to us processing your data for direct marketing purposes by contacting us at support@fairart.io.

Right to restriction: You can ask us to suspend the processing of your data in the following scenarios:

• If you want us to establish the data's accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• Where you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Right to request the transfer of your data: You have the right to request a transfer of certain of your data to you or a third party of your choice, which we will provide in a structured, commonly used, machine-readable format.

Right to withdraw consent:

• If we rely on your consent to process your data, you can withdraw your consent at any time.
• Automated individual decision making: You may have the right not to be subject to a decision that is based solely on automated processing of your personal data, where this produces a legal effect or similarly significantly affects you. However, this does not apply if the decision is necessary for entering into or performing the contract with you, or where you have provided your explicit consent. Where you object to this type of decision making based on solely automated processing of personal data, you have the right to request human intervention, to express your point of view and contest the decision.

Right to opt-out of behavioural analytics:

• We use technology (FariArt's internal algorithm) to carry out behavioural analytics to display relevant items to you or to display your items to the most relevant potential buyers. If you do not want us to use your data to do this, you must close your FairArt account and cease using our Service. This is because it is essential to how FairArt works to suggest the right items to you and to display your items to the right buyers which we can only do by learning about your tastes and preferences and the types of products you list.

To exercise any of your rights, or if you have any questions about your rights, please contact us at support@fairart.io. We may need to request specific information from you when you exercise your rights to confirm your identity and to speed up our response. We may not be able to fulfil your request if we are not able to identify you.

You can exercise these rights free of charge. However, in some circumstances we may be entitled to charge a reasonable fee, or refuse to comply with your request where we are permitted under law, for example if your request is unfounded, repetitive or excessive.

We try to respond to all valid requests within one month (once we have been able to verify your identity, if we need to). Sometimes it may take us longer than this if your request is particularly complex or you have made a number of requests. If this is the case, we will let you know if we need more time to respond.

Links to other websites

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 Service may also include features that enable you to link your FairArt 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.

Information on children

We do not knowingly collect or solicit Personal Information from children under 16; if you are a child under 16, please do not attempt to register on or otherwise use the Services or send us any Personal Information. If we learn we have collected Personal Information from a child under 16, we will delete that information as quickly as possible.

If you think a child under 16 has given us their data, please contact at support@fairart.io so we can remove this data and terminate the relevant account.

9. Contact

If you have any questions or want to make a request regarding your data, you can contact us at support@fairart.io.

If you have any questions, comments or requests regarding this Privacy Policy you can contact us at support@fairart.io.

What if you have a complaint?

If you have a complaint about our use of your data, you have the right to complain to your local data protection authority. In the UK, this is the Information Commissioner's Office (ICO). Details of how to do this are set out in the “for the public” section of the ICO's website.

However, FairArt welcomes the opportunity to resolve any complaint and we would suggest you first contact us prior to making a complaint to the ICO or your local data protection authority, so we can first try to resolve any complaints you have.

Changes to this 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.

How will we notify you?

If we need to tell you about something, which might be for a legal, marketing or other purposes related to our Service, we will contact you using the method we believe is best to get in touch with you.

We will usually do this by email, or placing a notice on the Service itself. The fact we may send you notices does not stop you from being able to tell us that you do not want to receive certain types of marketing messages.