We are committed to the protection of any personal information we obtain from you by any means, whether at one of our galleries, through this website or otherwise in communication with you or in connection with the operation of our business.
This Privacy Notice describes the types of information we collect about you, how we use it, how you can manage the information we have about you, and how you can contact us. The information to which our Privacy Notice applies is “personal data” (which is defined in data privacy law as information which can identify living people). Where we refer to personal data below, we use the term “personal information”.
The contents of our Privacy Notice may change from time to time. Please check it now and again for any updates. This Privacy Notice was last updated on 19 April 2022.
If you have any questions or comments about this privacy policy please contact us via:
Telephone: (212) 262-2756
Email: info@fountaingallerynyc.com
A. Who We Are
Fountain House Gallery and Studio provides an environment where artists living with mental illness can express their creative visions and exhibit their work.
Each of the companies within the Fountain House Gallery may collect and process your personal information in particular circumstances, however personal information is only shared between the companies in the Fountain House Gallery where we have a lawful justification for doing so.
B. How do we collect your personal information?
Collecting information from you directly:
We collect your personal information directly from you by email, telephone, face to face when you visit one of our galleries or events, in paper form and via our website, including when you:
- visit our website;
- attend any of our galleries or events;
- express an interest in our business or interact with us as a client or prospective client;
- wish to make an acquisition of an artwork;
- are represented by us as an artist;
- ask to receive our marketing or newsletters.
Collecting your personal information from other sources:
We may be required to collect personal information about you to comply with our obligations to “know our clients” or to check credit ratings or otherwise.
We may also obtain information about you where it is in the public domain, such as director information available on company registers or information that you post on social media accounts such as Twitter, Facebook and Instagram.
Collecting certain personal information automatically:
- When you interact with our website, we may automatically collect data about your browsing activities. We use cookies to collect and log analytical information such as your internet protocol (IP) address. We use pixels (also known as web beacons) in combination with cookies to track activity by a particular browser on a particular device.
- When you visit our galleries and sale and exhibition venues, we may automatically record your image through our CCTV operations which we have in place for security purposes.
C. What personal information do we collect and why?
Depending on the particular circumstances of our interaction, the personal information we collect might be all or some of the following:
FOR CLIENTS AND PROSPECTIVE CLIENTS:
Type of personal information we might collect
Contact Data: Name, address, email address, phone number
Why we collect it: To provide our services to you, including responding to enquiries, offering artworks for sale, processing purchases, making shipping arrangements and keeping track of contractual arrangements
What is our lawful justification?
- Performance of a contract
- Legitimate interests
Profile Data: Collecting interests, purchasing and consignment history, event attendance
Why we collect it: To understand which artworks might be of interest to you and to tailor our services to you accordingly
What is our lawful justification?
- Legitimate interests
- Consent
Financial Data: Bank account details, credit history
Why we collect it: To process payments for artwork that you acquire
What is our lawful justification?
- Performance of a contract
Proof of Identity Data: Copy of photo ID and a recent utility bill
Why we collect it: To comply with our legal obligation to “know our client” and be able to prove your identity prior to completing any transaction.
What is our lawful justification?
- Legal obligation
Marketing Data: Your consent to receive marketing or event invitations
Why we collect it: So that we can send you marketing or event invitations where you have consented to receive these by email or otherwise where we have legitimate interests to contact you
What is our lawful justification?
- Consent
- Legitimate interests
Correspondence Data: Records of our interactions with you
Why we collect it: To provide our services to you
What is our lawful justification?
- Performance of a contract
- Legitimate interests
FOR ARTISTS
Contact Data: Name, address, email address, phone number
Why we collect it: To provide our services to you
What is our lawful justification?
- Performance of a contract
- Legitimate interests
Profile Data: Resume, exhibition history, sales record
Why we collect it: To understand demand for your artworks and tailor our services to you accordingly
What is our lawful justification?
- Performance of a contract
- Legitimate interests
Financial Data: Bank account details
Why we collect it: To process payments for artwork that we sell on your behalf
What is our lawful justification?
- Performance of a contract
Correspondence Data: Records of our interactions with you
Why we collect it: To provide our services to you
What is our lawful justification?
- Performance of a contract
- Legitimate interests
FOR VISITORS TO OUR WEBSITE AND GALLERIES
Contact Data: Name, address, email address, phone number
Why we collect it: If you choose to provide it to us because you wish to make an enquiry or learn more about our business
What is our lawful justification?
- Legitimate interests
- Consent
Gallery Data: CCTV footage at our galleries
Why we collect it: For security purposes
What is our lawful justification?
- Legitimate interests
- Public interest task
Technical Data: The IP address of the computer you use; the internet browser from which you visit our website; the pages you visit on our website and how long you viewed them for
Why we collect it: Where we have your consent or it is otherwise in our legitimate interests to collect this information, we do so in order to improve our website provision
What is our lawful justification?
- Consent
- Legitimate interests
The terms bullet pointed above that explain our “lawful justification” have the following meanings:
Performance of a contract: We may process your personal information because it is necessary for the performance of a contract with you or in order to take steps at your request prior to entering into a contract.
Legitimate interests: We may process your personal information because it is necessary for our or a third party's legitimate interests. Our "legitimate interests" include our commercial interests in operating the business of Fountain House Gallery in accordance with applicable legal and regulatory requirements, providing that, objectively, there is no unjustified impact on your privacy rights.
Legal obligations: We may process your personal information to comply with our legal obligations, including our “know our client” obligations, anti-money laundering checks and tax reporting.
Consent: We may process your personal information where you have freely given your specific consent for us to do so for a particular purpose. You are free to withdraw your consent at any time. For example, if you consent to us sending you marketing emails, you are free to withdraw this consent at any point, by clicking the “unsubscribe” option contained in those emails.
Public interest task: We may process your personal information where it is necessary for the performance of a task carried out in the public interest.
D. How long do we keep your personal information?
We will only retain your personal information for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation.
To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
E. Security of your personal information
We are committed to taking all appropriate technical and organizational measures to ensure the integrity and security of any personal information processed and maintained by Fountain House Gallery.
We seek to prevent unauthorized access or disclosure of personal information under our control and we have put in place appropriate physical, electronic and managerial procedures to protect your personal information against unauthorized access or disclosure and any loss, destruction or damage.
We endeavor to take all reasonable steps to protect your personal information from external threats, however, please be aware that, no security system can prevent all potential security breaches.
F. Third party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
G. Sharing your personal information
Where we have lawful grounds for sharing your personal information with others, we may do so as set out below. We require all parties with whom we share your personal information, to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.
External third parties – in support of our business
We may share your personal information with our chosen providers and suppliers for a number of reasons, for example:
- So that we can provide our service under the contract between you and us; we have third parties that provide us with services including: IT and infrastructure, payment processing, art photographers, art conservators, art framing companies, art shipping companies.
- Where we have legitimate interests or your consent to invite you to our events and exhibitions, we use third party email and distribution companies to assist us with that.
External third parties – for other reasons
In addition, we may be required to disclose your information:
- To the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies, fraud prevention agencies, credit reference agencies, tax authorities or regulatory bodies);
- In connection with any legal proceedings or prospective legal proceedings;
- In order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention); and
- To third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this privacy policy.
H. Managing your personal information
You have the right as an individual to manage the personal information we hold about you and make amendments if this is necessary. You are also able to withdraw any consent you might have given us to receive marketing communications, such as newsletters or invitations from the Fountain House Gallery. You may also object to the Fountain House Gallery using your personal information even if we rely on our legitimate interests to make use of it.
You have several rights in relation to your personal information under data protection law. In relation to most of these, if you exercise them we may ask for information from you to confirm your identity and, where applicable, to help us find your personal information. If your request relates to UK or EU data protection laws, we are required to respond to you within thirty days after we have received a valid request, by which we mean a request that is backed up with any identification documents that we have requested.
You have the following rights:
- to request a copy or summary of the personal information that we hold about you
- to correct and update your personal information
- to withdraw your consent (where we rely on it) from certain types of data processing (for example to receive email marketing messages)
- to object to certain kinds of processing of your personal information such as automated processing and profiling
- to erase your personal information or restrict its use where we can do so under the relevant law
- to complain to the appropriate supervisory authority regulating data privacy matters.
I. Cookies
Please see the Cookies policy on our website.
J. Issues and complaints
If you have an issue regarding how we handle personal information, please do not hesitate to contact us. We will do everything we can to try to resolve your issue. If, however, you wish to make a complaint about the handling of your personal data you can complain to the data protection supervisory authority in the relevant country.