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Privacy Policy

Our Privacy Policy

Last Updated: February 25, 2021

This privacy policy (“Privacy Policy”) describes how information and data is collected from you when you use this online website, mobile website, digital service, or any related products, services, sites, features or functionality (each a “Service”, collectively the “Services”) that link to this Privacy Policy, and how nAscent Art New York, Inc. and artspecified (“nAscent”, "artspecified", “we”, “us”, or “our”), uses, shares and manages your information and data. By using any of the Services, you consent to the collection, use, processing, and sharing of your information as described in this Privacy Policy.

1. Our Privacy Principles

We are respect your privacy rights by protecting your personal data and keeping you informed in compliance with applicable data protection laws and regulations (“Data Protection Laws”).

If you are located outside of the United States and you choose to use the Services or provide your information to us, your data may be transferred to, processed and maintained on servers, databases, or cloud storage facilities located in the United States. Your use of the Services represents your consent and agreement to these practices. If you do not want your data transferred to or processed or maintained in the United States, do not use the Services.

2. Information that We Collect from You

Account Data You Directly and Voluntarily Provide to Us.

We may collect and process some or all of the following information you make available to us if you register, download or use the Services, such as your:

Name, email address, mailing address, phone number, interests, user name, password, industry affiliation, other registration information.

Customer Support or Technical Information you provide to Us. Details of transactions you carry out through the Services, your purchases, and the fulfillment of orders we provide to you

Other information you may provide to Us.

User Profile Data. In addition to the data listed above, we may offer you the option to create a user profile. We are able to access and view the information you provide as part of any user profile.

Usage Data We Automatically Collect from You. In addition to the information you provide to us, the Services may collect and process additional data automatically, this data may include your:

Device Registration Data (e.g. your mobile device model, mobile device’s unique ID, IP address, operating system, and browser), Device Settings (e.g. your language), Mobile Carrier, Information about your usage of the Services(e.g. number of times you use the Services daily), Requested and Referring URLs, Location Data (e.g. GPS and/or WiFi), cookies and other tracking technologies including, without limitation, your: IP address, domain name, browser version, operating system, traffic & location data, web logs, other communication data, and resources that you access.

3. How We Use Your Information

Here are the reasons we use personal information collected when you use the Services. For EU Users, we identify the legal bases relied upon to process the information, as required under Data Protection Laws.

Providing the Services, Improving the Services, Providing Support, and Communicating With You. We (and our service and/or technology providers) may use the data you provide (or that is collected through the Services) to operate and improve the Services, products, and services; to contact you; to provide you with information and notices relating to the Services; and to carry out duties arising from any agreements between you and us.

Legal Bases: contract performance, legitimate interests (described above)

Providing Marketing and Promotion Materials. We (and our service providers) may use the data you provide or that is collected through the Services to provide you with updates, offers, and promotions (where you have chosen to receive such categories of information). We may also use your information to market the products and services of our selected business partners to you by email and, where required by law, we will ask for your consent at the time we collect your data to conduct these types of marketing efforts. To unsubscribe from receiving such communications from us by email, please follow the instructions contained in each email you receive from us describing how you can unsubscribe from receiving further marketing communications from us.

Advertising, Third Party Content, and Links. The Services may show advertising, and we may work with advertising partners to provide advertising through the Services. We may provide these advertising partners with data, or the ability to collect data, about your interaction with the Services and, if applicable, your mobile device. This data may include: the unique identifier associated with your device, the advertising ID, and/or precise location data, to help analyze and deliver targeted advertising on the Services, on third-party sites, and elsewhere. Advertising partners and other third parties may use cookies, pixels, web beacons, and other technologies to track the actions of users over time and across multiple websites or platforms to deliver targeted electronic advertisements to an individual user or for some other marketing purpose. We shall bear no liability for third-party actions, and have no access to or control over cookies, pixels, or web beacons used by third-party partners.

In addition, the Services may have third-party content and links to third-party websites. We shall bear no responsibility for the privacy practices or the content of third-party websites. You are encouraged to review the privacy policies of the websites that you visit.

If you use the Services with a browser, your may change your browser settings so “Do Not Track” requests are sent to websites you visit. We will not disable tracking technology that may be active on the Services in response to any Do Not Track requests that we receive from your browser. You may change your browser's privacy preferences regarding cookies and other similar technologies. You may set your browser to accept all cookies, block certain cookies, require our consent before a cookie is placed in your browser, or block all cookies. Blocking all cookies will affect your online experience and may prevent you from enjoying the full features offered through the Services.

You may opt out of the collection, use, and transfer of precise location data for location-based advertising purposes, by using the location services controls in your mobile device’s settings.

Legal Bases: consent, legitimate interest where consent is not required (i.e. to provide you with an experience aligned with your interests)

Analytics Services. We may work with third parties to help us understand how the Services are being used, relying on reports on data collection, ad response measurement, website and mobile application analytics, and to assist with delivery of relevant marketing messages and advertisements.

We may use Google Analytics or other third party analytics service providers (“Analytics Services”) to collect information about your use of the Services. Analytics Services may collect information about the content you view, your system information, and/or geographic information. The information generated by the Analytics Services about your use of the Services will be transmitted to and stored by the Analytics Services. The information collected by the Analytics Services allows us to analyze your use of the Services.

You should review your device and Services settings to ensure they are consistent with your privacy preferences and the collection and use of information. You may be able to stop further collection of certain data by the Services by updating your applicable device settings, or you may uninstall the Services. In addition, you may choose to prohibit the sharing of your location details by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, contact your service provider/carrier or device manufacturer.

Legal Bases: consent, legitimate interest where consent is not required (i.e. to provide you with an experience aligned with your interests)

Purchases and Payment Processors. If you make a purchase through the Services, you may be able to pay using a third-party payment service, such as Stripe, PayPal, Apple Pay, Amazon Pay or other third-party payment services. Information collected by third-party payment services is not available to us, unless you have otherwise provided this information to us in connection with a purchase through the Services or some other use of the Services. The applicable third-party payment service’s privacy policy, not ours, governs the information collected from you by these third-party payment services. Consider reviewing the applicable privacy policy prior to submitting any information to the applicable third-party payment service.

Legal Bases: consent, legitimate interests (enable us to perform our obligations, provide the Services to you); contract performance

Promotions, Sweepstakes, and Contests. From time to time, we may have a promotion, sweepstakes, or contest on the Services. You may be asked to provide personal information, or to permit the transfer of your personal information to a third party, in connection with such promotion, sweepstakes or contest. At point of collection or transfer, you will get to choose whether or not you want to permit such transfer or collection of information to a third party. The parties whose privacy policy applies will be accessible at the point of collection or transfer.

To unsubscribe from receiving marketing communications from us by email, follow the instructions contained in each email. Registered users may also be able to adjust email settings by logging in to your account and adjusting your account settings.

Legal Bases: consent, legitimate interests where consent is not required (to keep you updated about our products and services)

4. How Your Information is Shared with Third Parties

We may share the information you provide or that we collect about you as follows:

With Advertisers. We may share information with advertising partners and analytics companies to deliver targeted advertisements to you on the Services or on third-party websites. Similarly, we may receive information from advertisers about you that they have independently gathered or acquired. We may also share encrypted information to enable our advertising partners to analyze data or for advertising-related use.

With Our Partner Programs. If a third party directs you to the Services, we may share information with that third party, including (without limitation) name, email, and value of purchase (depending on the type of relationship or Services used).

For Marketing Campaigns. We may disclose certain information (name, mailing address, and transactional information) to marketing companies. If you prefer to opt-out of the use of your personal information by marketing companies for trade or rental purposes, please let us know at legal@nascentartny.com.

With Our Service Providers. We may share information with service, technology, or software providers. For example, these providers may handle payment, credit card processing, data management & analysis, data pooling, feature administration, email distribution, digital image file management, market research, promotions management, software maintenance, or other services supporting the Services. These service providers will only have access to the information necessary to perform their function.

Social Media and Sharing. We may use social networking, and the Services may contain links to third-party social media sites or applications owned and/or controlled by third parties. We also may allow you to use social media sites or applications to access features of the Services. Your use of social networking and/or social media features may result in the collection or sharing of information about you by these sites or applications.

We assume no responsibility for any functionality of social media sites, or the content, privacy policies, or practices of any third-party site or application. Review the privacy policies and settings on the social media sites or applications you use to understand the information they collect use and share. We have no control over social media sites, their functionality, or their privacy policies.

As Required By Law or to Protect Rights and to Comply with Our Policies. To the extent permitted by or required by law, we will disclose your information to government authorities or third parties, including without limitation national security or law enforcement agencies, if requested in response to a subpoena or court order, where we believe in our sole discretion that such disclosure is reasonably necessary to protect against fraud; to protect the property or other rights of us or other users, third parties or the public at large; or if we believe that you have abused the Services by using it to attack other systems or to gain unauthorized access to any other system; to engage in spamming or otherwise to violate applicable laws or in violation of our Terms of Use. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.

Business Transfers or Bankruptcy. In the event of a merger, acquisition, bankruptcy, or other sale of all or a portion of our assets, user information owned or controlled by us may be transferred to third parties. In case of such event, we reserve the right to transfer or assign your information to third parties. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Policy. You agree and understand that the successor entity or acquirer may impose a new privacy policy on information you submit or that is collected after this type of transfer.

5. The Privacy of Minors

The Services are not intended for minors. We do not knowingly collect or distribute personal information from or about minors. If a parent or guardian becomes aware that a minor in their charge has provided us with information without the consent of the parent or guardian, the parent or guardian should contact us at legal@nascentartny.com.

6. Security Measures and Storage Limits

We use commonplace physical, electronic, and procedural safeguards to protect personal data in our systems. We take reasonable measures to limit access by giving access only to authorized employees and contractors with a need to know the information to operate, develop or improve Services. Although we try to provide reasonable security for data in our systems, all security measures have weaknesses, and have the potential to lead to security breaches. We cannot guarantee or warrant the security of any information you provide, or transmit on or through the Services. You provide or transmit information through the Services is done at your own risk.

We retain personal data for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related, and/or business purpose.

7. Updates to this Privacy Policy

We will notify you of material changes to this Privacy Policy by at least thirty (30) days before the effective date of the changes. If you do not agree to such changes following such notice, you should discontinue your use of the Services prior to the time the modified privacy policy takes effect. If you continue using the Services after the modified privacy policy takes effect, you will be bound by the modified privacy policy.

8. For EU Users

If you are subject to European Union Data Protection Laws (“EU Users”), we will comply with the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (“GDPR”).

For EU Users, if you’d like us to delete information that you have provided through the Services, please contact us at legal@nascentartny.com and we will respond in a reasonable time in accordance with applicable Data Protection Laws. Some or all of the information you provided may be required for the proper functioning of the Services or may be automatically stored.

In compliance with the EU-US and Swiss-US Privacy Shield Frameworks, the following statements apply:

We are subject to the jurisdiction and enforcement authority of the U.S. Federal Trade Commission (FTC);

We are liable for the onward transfer of personal data to third parties acting as our agents unless we can prove we were not a party giving rise to the damages; and

We may be required to release EU and Swiss personal data in response to lawful requests by public authorities including to meet national security and law enforcement requirements

In compliance with the EU-US and Swiss-US Privacy Shield Principles, we are committed to resolving complaints about your privacy and our collection or use of your personal information. European Union or Swiss users with inquiries or complaints regarding this Privacy Policy should contact us at legal@nascentatny.com.

We commit to refer unresolved privacy complaints under the Privacy Shield Principles to the BBB EU PRIVACY SHIELD, an independent, non-profit alternative dispute resolution service in the United States, operated by BBB National Programs, Inc. (BBB NP). If your complaint is not satisfactorily addressed, or not addressed in a timely manner, visit http://www.bbb.org/ for more information and to file a complaint for free.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.

9. Contact Us

If you have any questions or comments about this Privacy Policy, please contact us by email at legal@nascentartny.com, or by physical mail to the address below.

If you are an EU User, and request access to, or correction of, your personal data, or if you have questions about data portability, in accordance with applicable Data Protection Laws, send an e-mail to legal@nascentartny.com, or a send a physical letter to:

nAscent Art New York, Inc.; 421 8th Avenue; Suite 7335; NY, NY 10001

We will do our best to respond to you in a timely and professional manner to answer your questions and resolve your concerns.

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