THE Artistic Fuel FOUNDATION PRIVACY POLICY

Last Updated: AUGUST _, 2020

Your privacy is important to us. We are committed to protecting your privacy and your Personal Information. We value your trust and recognize that maintaining this trust requires us to be transparent and accountable at all times.

In this, The Artistic Fuel Foundation Privacy Policy (“this Privacy Policy”), we are referred to sometimes as “we,” “our,” or “us” and sometimes as the “Foundation.”

Certain capitalized terms, such as “Our Services,” are used but not defined in this Privacy Policy. Those terms have the same meanings as in the Terms of Service Agreement (“the Terms”) you entered into with us when you first used or accessed Our Services. The terms can be viewed at www.theartisticfuelfoundation.org

There are many ways you can use Our Services. You can search for and share information, communicate with other people, or create new content. When you share information with us (for example, by creating a Foundation account), we can make those services better by helping you connect with other people and share Your Content with others quicker and easier.

As you use Our Services, we want you to understand how we use the information you provide and the ways in which you can protect your privacy. This Privacy Policy describes how we collect, store, share, and use information and your choices about privacy when you use Our Services. Please read this Privacy Policy carefully to be informed about our privacy practices.

By using, visiting, browsing, or otherwise accessing or USING Our Services you accept and agree to THIS PRIVACY POLICY. If you do not agree to IT, do not access or USE OUR Services.

As used in this Privacy Policy, the term “Personal Information” means information that by itself can be used to identify or contact a specific person (for example, the person’s name, email address, postal address, or phone number), but 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.

This Privacy Policy is incorporated into and is a part of the Terms. By using or accessing Our Services, you agree that your Personal Information may be collected and stored as described in this Privacy Policy and the Terms and you consent to the use and sharing of your Personal Information as also described in this Privacy Policy. You may withdraw your consent at any time in writing; however, that does not negate our right to process your data prior to when we receive your written withdrawal.

WHEN THIS PRIVACY POLICY APPLIES

This Privacy Policy applies to all of Our Services, regardless of how and to what extent you use them and regardless of whether you do or do not register for a Foundation account. But this Privacy Policy only applies to how we collect, store, share, and use information; it does not apply to any entity we do not own or control or to any person we do not employ or manage. If, at any time during the course of accessing or using Our Services, you are directed to a third-party site, you understand and agree that the policies of the third-party site will govern.

TYPES OF INFORMATION WE PROCESS

Information You Give Us. We may collect the Personal Information you provide or otherwise make available to us when you access or use Our Services (such as when we require you to sign up for a Foundation account or update your account or user profile information). We may also collect Personal Information from other sources (such as event registration, donation forms, gift memberships, merchandise purchases, and surveys). Personal information that may be collected includes your name, postal address, and e-mail address.

If you want to take full advantage of the sharing features Our Services offer, we might also ask you to create a publicly visible profile, which may include your name and photograph. You may also be asked to provided certain Personal Information (a) when you access or use Our Services to search for or view artwork or other items; follow artists, galleries, institutions or other users; place bids in an auction; or otherwise perform transactions or communicate with other users; or (b) when you link your Foundation account to an account you maintain on another social media service, in which case we may obtain your username on that other service and other information you make publicly available through that other service; or (c) when you communicate with us.

Information From Your Use Of Our Services. We may automatically collect certain information about how you access or use Our Services. By using Our Services, you consent to the collection of that information. Examples of that information include device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information, which may include your phone number); log-in information (such as your search queries); telephone log information (such as your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information, and types of calls); internet protocol address; system activity; hardware settings; browser type and language; the date and time of your request; the referral URL; and cookies that may uniquely identify your browser or your Foundation account.

Location Storage. We may collect and store information (including Personal Information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

Cookies And Anonymous Identifiers. We may use various technologies to collect and store information when you visit a Foundation service, which may include sending one or more cookies or anonymous identifiers to your device. We may also use cookies and anonymous identifiers when you interact with services we offer to third-parties (such as advertising services or Foundation features that may appear on other sites). We may also use third-party service providers (such as analytics and advertising providers), who may use cookies and similar technologies to help operate their services. Your browser may have settings that let you decline cookies, but please understand that some of Our Services may not be available if you decline cookies. For more information about cookies, web beacons, and similar technologies, and how they are used, please see Cookie Policy below.

Information From Other Users. If you use Our Services to communicate with other users or perform transactions with other users, we may obtain information or feedback from them about their interaction with you (for example, whether you were responsive to their communications or completed a transaction with them). Also, if users share content through Our Services that contain information about you, we will also receive that information.

Information From Other Sources. We may obtain information about you from certain third parties (such as other companies with which we jointly offer services or conduct promotional events), third-party service providers, credit bureaus, or other sources. This information may include demographic information, contact information, open data, publicly available data, and credit check information. We may use this information for legitimate business purposes (such as the performance of a contract, customer support, fraud prevention, and credit-related decisions in connection with Our Services).

Information From Mobile Use. When you access Our Services on a mobile device, we may obtain information about your location and mobile device, including a unique identifier for your device. In addition to other purposes described in this Privacy Policy, we may use this information to customize Our Services and marketing for your location.

HOW WE USE THE INFORMATION WE COLLECT AND WHY WE COLLECT IT

The information we collect helps us provide, maintain, protect, and improve Our Services; develop new products and services; provide customer support; and make Our Services more efficient for you and other users. Personal Information can also help us identify user preferences and expectations.

We may use the name you provide for your Foundation profile across all of Our Services that require a Foundation account. In addition, we may replace past names associated with your Foundation account so that you are represented consistently across all of Our Services. If other users already have your email address or other information that identifies you, we may show them your publicly visible profile information, such as your name and photograph.

When you contact us, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about Our Services, such as letting you know about upcoming changes or improvements.

We use information collected from cookies and other technologies, such as pixel tags, to improve your user experience and the overall quality of Our Services. When showing you tailored advertisements, we will not associate a cookie or anonymous identifier with sensitive categories, such as those based on race, religion, sexual orientation, or health.

We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.

Transparency and choice

People have different privacy concerns. Our goal is to be clear about what information we collect so that you can make meaningful choices about how it is used. For example, you can review and control certain types of information tied to your Foundation account by using the Foundation Dashboard to view and edit advertising preferences (such as which categories might interest you); by opting out of certain advertising services; by viewing and adjusting how your profile appears to others; and by controlling who you share information with.

You may also set your browser to block cookies (including cookies associated with Our Services) or to let you know when we are setting a cookie. However, it is important to remember that Our Services may not function properly if you disable cookies.

We want you to know why we collect your Personal Information so that you may be able to make informed decisions regarding your use of Our Services. In addition to the other uses of your Personal Information described elsewhere in this Privacy Policy, we may use the information we obtain from or about you to provide Our Services to you, including new services we develop later; to provide you with customer support; to facilitate your communications or transactions with us or with other users; to operate, improve, and customize Our Services, content, and marketing; to understand how you use and interact with Our Services and the products, services, and content of others; to develop and display more customized content and advertising to you on or off Our Services; to promote and maintain a trusted, safer, and more reliable environment for 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 Foundation account); to contact you (by email, postal mail, telephone, mobile devices, or SMS text message, or as otherwise authorized by you) in order to address issues with your Foundation account or your use of Our Services, collect fees, send you updates about Our Services or our policies, or for other purposes permitted by law; to contact you (by email, postal mail, telephone, mobile devices, or SMS text message, or as otherwise authorized by you) in order to send you marketing communications, promotional messages, and offers about Our Services and the products and services of others; to facilitate your participation in contests, sweepstakes, and other promotional events sponsored or conducted by us or by others in conjunction with us; to comply with our legal obligations, resolve disputes, or enforce the Terms or any other Foundation policies or agreements with users; to perform other functions that are described when the information is collected or requested; or for other purposes with your prior consent.

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 emails from us, you can unsubscribe by following the unsubscribe link in the email you receive, changing your preferences in your profile and account settings (if you have registered for a Foundation account), or emailing us. Please be aware that opt out requests may take up to five business days to process, and you may not be able to opt out of receiving certain communications from us (such as emails about your account, your relationship with us, or your transactions). Unsubscribing from receiving emails we send you may result in your having a less robust experience with Our Services.

ACCOUNTS AND USER PROFILES

Registration, Access, And Records. To register for a Foundation account, you will need to provide 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 provide additional information. If you have a Foundation account, you may access, add, remove, or update certain information about you in your profile and account settings. It is your responsibility to update your Personal Information to keep it accurate and current. When you update your account or Personal Information, we may keep a record of the unrevised information for purposes consistent with this Privacy 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 the Terms and any other agreements between you and us. If you terminate your account, we may keep a record of any or all information associated with you or your account for purposes consistent with this Privacy Policy (as required or permitted by law), as well as specific account data that includes your Personal Information. Certain other records (such as settings and collector profiles) will be removed upon termination. For further information, please contact us at info@theartisticfuelfoundation.org.

Profile And Account Information. To make Our Services more interactive, certain information about your user profile or account may be made accessible to other users on or through Our Services, as indicated in your user profile and account settings on Our Services, or as otherwise indicated by us when you use certain of Our Services. For example, if your public profile is enabled in your settings, your name and certain information that you may enter in your user profile (such as your biography, location, and website) will be visible to other users of Our Services. Our Services may include settings to control how certain user profile or account information is shared with other users on or through Our Services. You should check your user profile and account settings regularly to be informed of your current choices. Public information on Our Services may be indexed by third-party search engines and accessible by or through them. For further information, please contact us at info@theartisticfuelfoundation.org.

Data Retention. We will keep and use your data, as described in this Privacy Policy, for as long as (a) your Foundation account is in use, open, or active; (b) is necessary to comply with applicable tax, legal, or other regulatory requirements; and (c) is necessary 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 info@theartisticfuelfoundation.org. Please understand that by deleting your data from our site 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.

“FAVORITES” AND “FOLLOWS”

Our Services may include features that enable you to designate your “favorite” artists, designers, or other creators; artwork and other items or categories of artwork; or other items. Our Services may also include features that enable you to “follow” galleries, institutions, and other users, artists, designers, and creators; categories of artwork; or other items. If your public profile is enabled, other users may also be able to follow you, and the number of users that follow you may be visible to other users of Our Services. You may be able to share, or choose not to share, certain information about your “favorites,” “follows,” or “followers” on or through Our Services, as indicated by us in connection with these features or in your profile and account settings. If you enable those designations, we may include you in email communications regarding them. 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 regarding opt-outs, please contact us at info@theartisticfuelfoundation.org.

As described in the Terms, you may be able to provide Your Content on or through Our Services. When you post or publish Your Content on Our Services, any information contained in Your Content (including information in images or videos) becomes publicly accessible on Our Services and may be indexed by and accessible through third-party search engines, and we and other users may access and use Your Content, as described in the Terms. This applies even if you or someone else also provides the information to us by other means and our use of the information might have been more limited under this Privacy Policy if the information was only provided to us by those other means. It is your responsibility to ensure that you have the right to share any information about others that you share with us or with others.

USER COMMUNICATIONS

Connecting With Other Users. We strive to provide a platform and marketplace where users can discover and engage with a wide range of artwork, design, and other items from around the world, including items from the various galleries, institutions, and others that use Our Services as exhibitors or sellers. To help make this happen, Our Services may include features (such as messaging tools and email addresses hosted on Our Services) that enable you to contact and communicate with other users. For example, when a seller lists an artwork or other item on Our Services, Our Services may enable you to contact that seller about that item or other items that may be available.

Sharing Information With Other Users. Our Services let you share information with others. When you use Our Services to contact another user or perform a transaction with another user (such as a gallery), that other user may obtain from us your name, email address, and other contact information to facilitate communications and transactions or for their marketing purposes. Sometimes these users may be able to obtain additional information about you when you use Our Services to contact them or perform a transaction with them. For example, they may be able to obtain information about your location, interests, and other information, as indicated by us in connection with Our Services, or as otherwise indicated in your profile and account settings. Our Services may include settings that enable you to choose how certain information is shared with other users when you contact them or perform a transaction with them. Please remember that when you share information publicly, it may be indexable by search engines, such as Google.

WITH WHOM DO WE SHARE PERSONAL INFORMATION?

Personal Information. We will only share your Personal Information with others in the ways that are described in this Privacy Policy or to which you have otherwise consented in writing. In addition to the other sharing of Personal Information described in this Privacy Policy, we may share your Personal Information with others in the following contexts:

Service Providers. We may contract with third-party providers to help us provide Our Services or to perform services related to Our Services. Those third-party providers may access your Personal Information as needed to perform their functions for us. Examples include order fulfillment, package delivery, payment processing, bill collection, fraud investigation, email and postal mail administration, customer service assistance, web and mobile data analytics, and server and database hosting services.

We use third parties (including, for example, Google) to gather your data from financial institutions. By using Our Services, you authorize those third-party providers to act on your behalf to access and transmit your personal and financial information from relevant financial institutions according to the terms of those third-party providers’ respective privacy policies and service terms.

Business Transfers. If we are involved in a merger, acquisition, or sale of our assets, your Personal Information may be one of the assets transferred. Should this occur and you have registered for a Foundation 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 Foundation account.

Donations. Your name, email address, postal address, and payment information is necessary for us to fulfill your intention of donating money and your expectation of receiving a confirmation message.

Legal Purposes. We may access, preserve, and disclose your Personal Information or other information if we believe that such access, preservation, or disclosure is reasonably necessary to comply with any law, regulation, legal process, or governmental request (such as search warrants, subpoenas or court orders); enforce the Terms or any other agreement with users; investigate potential violations; detect, prevent, or otherwise address fraud, security, or technical issues; protect and enforce your or any other person’s rights and property; protect and enforce the Foundation’s rights and property; or prevent physical harm to any person.

AGGREGATED AND NON-PERSONAL INFORMATION

We may aggregate or make anonymous any Personal Information 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 purpose (including, for example, to instruct how to access and use Our Services, and for research, development, and marketing purposes).

PAYMENT INFORMATION

If you use our marketplace or register for certain of Our Services, you may need to provide payment information (such as a credit card number, type, and expiration date). We do not 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 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 of Our Services.

OTHER WEBSITES AND SERVICES

Our Services may include links to websites or services we do not own or control, some of which may include links to Our Services. Our Services may also include features that enable you to link your Foundation 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 Your Content or the content of others that is on other websites and social media services. However, these links and features are not an endorsement by us of any other website or service or any of their respective 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 carefully the privacy policies of those other websites and services.

INTERNATIONAL PROCESSING

The Foundation is headquartered in the United States. Our users (including the galleries and other organizations that use Our Services as exhibitors or sellers), service providers, and other third parties you may interact with in connection with Our Services may be located in the United States or other countries around the world, including countries that may not offer the same level of protection for your Personal Information as that offered in the United States. By accessing or using Our Services in the United States or another country or jurisdiction, you agree that your Personal Information may be transferred and processed in the United States and that other country or jurisdiction.

EU-U.S. AND SWISS-U.S.-PRIVACY SHIELD FRAMEWORKS

The Foundation is a participant in the U.S. Department of Commerce’s EU-U.S. and Swiss-U.S. Privacy Shield Frameworks (the “Privacy Shield Frameworks”). The Foundation complies with the Privacy Shield Frameworks regarding the collection, use, and retention of Personal Information transferred from the EU, the United Kingdom and Switzerland to the United States in reliance on the respective Privacy Shield Frameworks. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Frameworks, the Privacy Shield Frameworks will govern. We will be accountable for the onward transfer to third parties of the Personal Information of EU individuals we receive under the Privacy Shield Frameworks. For more information about the Privacy Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield Framework website at www.privacyshield.gov/welcome.
CHILDREN’S INFORMATION

Our Services are not directed to children under the age of 18, and we do not knowingly collect Personal Information from people in this age group. If you believe we may have collected Personal Information from anyone under the age of 18, please contact us at info@theartisticfuelfoundation.org.

SECURITY

Every Foundation account is protected by a password to help maintain privacy and security. 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 become aware of, or even suspect, any unauthorized access to or use of your account or password, you must immediately notify us and change your password. Please understand that while we seek to protect your Personal Information and maintain the security of Our Services, we cannot guarantee the security of any information, whether online or offline, because of the possibility of hardware or software failure, unauthorized entry or use, and other factors. You therefore transmit information at your own risk. You should also be aware that any information you provide to us by email is unencrypted.

STATUTORY REQUESTS

Some jurisdictions have laws that give people the right to access or correct the Personal Information a company has about them. We will honor any statutory right you may have to access or correct any of your Personal Information that is in our records. Email requests to honor those rights and access or correct your Personal Information to privacy@theartisticfuelfoundation.org. Once we receive your request, we will let you know whether an administrative fee (as permitted by applicable law) will apply to fulfill your request. However, even if you have a legal right to make such a request, applicable law may permit us to reject a request that is 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, a request to access information located on a backup system).
DISPUTE RESOLUTION

Inasmuch as this Privacy Policy is part of the Terms, any Dispute involving you and us that relates to privacy or the use of your Personal Information and that arises out of or is related to this Privacy Policy or Our Services will be subject to the provisions of the Terms regarding limitation of damages and liability, choice of law, and dispute resolution (including mandatory binding arbitration).

If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, you can also submit your complaint to Privacy Trust, an independent third party. Visit Privacy Trust’s website at www.privacytrust.com/ to file a complaint. In limited situations, EU individuals may seek redress from the Privacy Shield Panel. You may also have the right to register a complaint with the data protection regulator in your country.

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 use Our Services, our emails and our advertisements displayed on or off Our Services, and to operate, develop, improve, and customize Our Services and marketing (including our advertisements displayed on or off Our Services). Many browsers automatically accept cookies, but your browser may have settings that enable you to decline or delete cookies on your device. Please understand that because some of Our Services require cookies to operate, you may not be able to sign in, customize, or use some or all of the interactive features of Our Services if you decline cookies.

What These Technologies Are. “Cookies” are small data files placed on your computer or other device that 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 customize Our Services. 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” (which are 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 advertisements, 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 Advertising Providers. We may use third-party analytics and service providers (including Google Analytics) to help us better understand how Our Services are accessed and used. For example, we employ a third-party analytics or service provider for web analytics, audience measurement, personalization and segmentation, and relationship management purposes. In turn, this information helps us to expand and improve Our Services. These third-party providers may use cookies, web beacons, and similar technologies to collect information about how users access or use Our Services, emails, and advertisements, on or off Our Services. For information about how Google collects and processes information in connection with Google Analytics, go to developers.google.com/analytics/resources/concepts/gaConceptsTrackingOverview.

We may also use third-party advertising providers, including advertising networks or exchanges, to help display advertising on website or on other websites, including customized advertisements 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 other persons’ and your online activity across different websites. These providers may also collect your IP address, device identifier, or other identifier for advertising. We use Google’s 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 (which are cookies set by the website you are visiting) and third-party cookies (which are cookies set by a third-party website other than the website you are visiting) to inform, optimize, and serve advertising based on past visits to Our Services. Because we do not control the practices of third-party providers, our Cookie Policy (and this Privacy Policy in general) does not cover the use of cookies, web beacons, or similar technologies by 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 advertising-related cookies from Google through its settings. If you opt out of receiving cookies from one of these providers, it may place a cookie on your device to remember your preferences. 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 marketing materials, email us at privacy@theartisticfuelfoundation.org.

Changes To This Cookie Policy. Inasmuch as this Cookie Policy is part of our Privacy Policy, we may update it at any time, as described in this Privacy Policy. Please review this Cookie Policy regularly to be informed of any updates.

CHANGES TO THIS PRIVACY POLICY

As our business changes with time, so do privacy considerations. Accordingly, we have the right to change this Privacy Policy at any time without prior notice. For example, we may change this Privacy Policy to reflect changes in the law or changes to Our Services. Changes to this Privacy Policy will be effective when posted on Our Services or at such later date (if any) as is specified in the updated Privacy Policy. We will notify you of any changes to this Privacy Policy by posting the updated Privacy Policy on Our Services. We urge you to review this Privacy Policy regularly and inform yourself of all applicable changes. Your continuing to use Our Services after a change to this Privacy Policy becomes effective means that you agree to the change and the updated Privacy Policy. Unless we notify you otherwise, the current version of this Privacy Policy will apply to all Personal Information we have about you and your account.

CONTACTING THE Artistic Fuel FOUNDATION

If you have questions or comments about this Privacy Policy or our privacy practices, would like to know what of your Personal Information we have, or would like to update, delete, or request access to that Personal Information, you may contact us by email at info@theartisticfuelfoundation.org or by postal mail sent to The Artistic Fuel Foundation, Inc., 215 Depot Court, S.E., Leesburg, VA 20175, U.S.A.