ARTISTS & FLEAS PRIVACY POLICY

Please read the following Privacy Policy, as amended from time to time, before using the Artists & Fleas’ website www.artistsandfleas.com (“Site”), mobile applications, API or any services offered by Artists & Fleas, LLC, Artists & Fleas Digital, LLC, and their respective affiliates and subsidiaries (collectively, “A&F”). A&F takes your privacy seriously and seeks to comply with all applicable privacy laws including, where relevant, the General Data Protection Regulation (“GDPR”). We want you (“User”, “Customer” or “you”) to be familiar with how we collect, use and process your Personal Information (defined below) and your rights to seek the return and/or changes to any of your Personal Information that we hold. We’ll refer to the Site, the API, videos, images, mailing lists, posts and related materials, covering our markets and events as the “Services.”

1. CONSENT

The Services are not directed to individuals under the age of 18, and these individuals are prohibited from providing Personal Information through the Services..

A&F cares about the privacy of its Customers and will only request the minimum amount of information needed to process your transactions and provide you with Services. A&F will not disclose your name, email address or other personal information to third parties without your consent, except as specified in this policy. A&F is not responsible for the content or the privacy policies of any of its affiliates, third-party websites or third-party apps. By accepting A&F’s Terms of Use, you are confirming that you have read this policy and consent to A&F using your information in the ways described.

2. Personal Information

“Personal Information” is information that identifies you as an individual, which may include:

  • Name
  • Address
  • Telephone number
  • Email address
  • Position
  • Birthday
  • Employer or organization
  • Paypal, debit, credit card or other billing information
  • Your viewing of content
  • Ratings, reviews, favorites, followers for images or items

We may collect Personal Information in a variety of ways, including:

  • Through the Services.
  • Offline: We may collect Personal Information from you offline, such as when you visit our markets, mail-in any information or contact customer service.

3. OTHER INFORMATION

A&F automatically collects device-specific information when you install, access, or use the Services. Similarly, information is automatically received and recorded from your browser or mobile device when you visit the Site or use the mobile application, such as your IP address or unique device identifier, cookies and data about which pages you visit. This information we call “Other Information” is stored in log files and is collected automatically. A&F may combine this information from your browser or your mobile device with other information collected by A&F’s partners, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for members and visitors, and to provide advertising and a more personalized experience for members and visitors.

4. WHAT A&F DOES WITH YOUR PERSONAL AND NON-PERSONAL INFORMATION

In general, Personal Information that you provide to A&F is used to help us communicate with you. For example, A&F uses Personal Information to contact users in response to questions, solicit feedback, provide technical support, and inform users about promotional offers. Other examples of how we may use Personal Information are as follows:

  • To respond to your inquiries and requests, such as sending you merchandise or e-mails or other communications about the Services.
  • To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies.
  • To send you marketing communications that we believe may be of interest to you, unless you elect not to receive them.
  • To personalize your experience on the Services by presenting information tailored to you.
  • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, offering new merchandise, enhancing or improving the Services, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
  • As we reasonably believe to be necessary: (a) to comply with applicable laws, such as accounting regulations; (b) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (c) to enforce our terms and conditions and/or reasonably protect damage to our operations or ensure the safety of any third party; and (d) to respond to civil subpoenas or inquiries.

We will only collect and process such Personal Information as is required for the uses set out above. Personal Information will not be retained by Artists & Fleas once we become aware that you are no longer a subscriber or user of the Services.

A&F does however share Personal Information with merchants who are performing services for the Company, such as WordPress and third-party services as described below.

In general, A&F uses Other Information such as the type of browser you use or the length of time you visited the Site or browsed a certain item (“Non-Personal Information”) to help us improve our services and customize the user experience.  A&F also aggregates Non-Personal Information in order to track trends and analyze use patterns.  This Privacy Statement does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we will only collect, store, and process such information in accordance with this privacy policy as if it was Personal Information as set out above.  In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). Any such combination shall not reduce or remove A&F’s obligations with respect to Personal Information.

5. CIRCUMSTANCES WHEN PERSONAL INFORMATION MAY BE DISCLOSED

A&F may release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against legal claims, including to collect a debt; to comply with a subpoena, court order, legal process, or other legal requirement; or when we believe in good faith that such disclosure is necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our property, or violations of A&F’s Terms of Use.

6. WORDPRESS AND OTHER THIRD PARTY SERVICES

A&F periodically needs to engage third-party companies and individuals (such as payment processors, research companies, and analytics and security providers) to help operate and provide the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to A&F not to disclose or use your information for other purposes.

A&F’s website is hosted on WordPress. WordPress provides A&F with the platform that allows it to promote its markets and merchants to you. Your data is stored through SquareSpace’s data storage, databases and the general WordPress application. For more insight, please see the WordPress Terms of Service or WordPress Privacy Policy.

Notwithstanding the above, this Privacy Policy does not address in whole, and we are not responsible for, the privacy, information or other practices of any third parties, including any third-party operating any site or service to which the Services link. The inclusion of a link on or to the Services does not imply our endorsement of the linked site or service.

Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, including our third-party providers, or other organizations or services that you may use to access the Services, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to such other organizations.

7. SECURITY

We have implemented organizational, technical and administrative measures to protect Personal Information within our organization. A&F follows generally accepted industry standards to protect the Personal Information submitted to it, both during transmission and after it is received.  For example, A&F encrypts certain information (such as credit card numbers) using secure socket layer technology (SSL). Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, A&F cannot guarantee its absolute security.

If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please notify us as soon as possible in accordance with the “Contacting Us” section below.

If we become aware of any use or inadvertent disclosure of your Personal Information, outside of the terms of this privacy policy, which has a significant risk of causing harm or damage to you, then we will notify you (and any applicable regulator) as soon as reasonably possible. Where any such notification is possible, we shall notify you of the details of the breach and any consequences of which we are aware.

8. CHOICES AND ACCESS

Your Choices Regarding Our Use and Disclosure of Your Personal Information

We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt out from:

  • Receiving Emails. A&F may send you messages about the Services related to your transactions through the Online Shop. Other messages may be related to Services such as newsletters, new merchants, markets, vendor updates or contests. Other than the email that you will be sent after a completed transaction at Checkout and the email notification that your product has been dispatched, all other emails are optional. If you have signed up to receive an optional email, but no longer choose to receive such emails, please, email privacy@artistsandfleas.com indicating your request to be removed from said mailing list or follow the unsubscribe instructions included in each marketing-related email. We will try to comply with your request(s) as soon as reasonably practicable.  Please also note that if you do opt out of receiving marketing-related emails from us, we may still send you important administrative messages, and you cannot opt out from receiving administrative messages.
  • Non-Marketing Emails: You agree that A&F can send you non-marketing emails or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, and correspondence with A&F’s support team.

How you can access or change your Personal Information – Portability

If you would like to review, correct, update, suppress, or delete, subject to the terms herein, any of your Personal Information that is retained by A&F, you may contact us by emailing: privacy@artistsandfleas.com.

In your request, please make clear what Personal Information you would like to have changed or otherwise let us know what limitations you would like to put on our use of your Personal Information that you have provided to us.

For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.

9. CROSS-BORDER TRANSFER

The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.

10. RETENTION PERIOD

A&F will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required by law.

11. UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy. Please look at the date at the bottom of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.

12. QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact info@artistsandfleas.com or by mail at Artists & Fleas 594 Broadway, Suite 606, New York, NY 10012, United States.

Last Updated: This Privacy Statement was last updated on 2/12/19.