Privacy Policy

This version of Privacy Policy is effective from 1st July, 2020.

Welcome to Bidgala's privacy policy. Bidgala respects your privacy and is committed to protecting your personal data.

This Privacy Policy tells you how we use and look after your personal information when you visit our website. This includes information you may provide when you sign up to receive communications from us, purchase a product or purchase a service. It also tells you about your privacy rights and how the law protects you. It is important that you read this Privacy Policy together with any other privacy notices on our website from time to time, so that you are fully aware of how and why we are using your data. Thank you. This website is not intended for children and we do not knowingly collect data relating to children.

WHO WE ARE AND IMPORTANT INFORMATION

Bidgala is an online marketplace where art lovers can buy directly from artists. Our mission is to expand the fine arts market to support up-and-coming artists.

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

We may need to update this Policy at any time and without notice. This Policy was last updated on 1st July,2020. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes throughout the course of your relationship with us.

THE INFORMATION WE COLLECT ABOUT YOU

The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information. We collect the following types of information from our users.

  • Account Information includes Personal Information, such as your username, password email address and location. You acknowledge that this information may be personal to you, and by creating an account on the Services and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. We may use your contact information to send you information about our Services, but only rarely when we feel such information is important. You may unsubscribe from these messages through your Account settings, although we, regardless, reserve the right to contact you when we believe it is necessary, such as for account recovery purposes.
  • Contact Data includes billing address, delivery address, email address and telephone number.
  • Financial Data includes payment card details and bank account (if you are a Seller). We do not store or process your card details ourselves, they are processed and stored via one of our contracted third party service providers. We encrypt your payment card details in your browser and securely transfer this data to our relevant third party payment provider to process a payment.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us or our Sellers.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  • Profile Data includes your username and password, purchases or orders made by you, feedback and survey responses. It also include user type including buyer, seller or professional.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

HOW IS YOUR PERSONAL DATA COLLECTED

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity Data, Contact Data, Transaction Data, Profile Data, Financial Data and Marketing and Communications Data by using our website, filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
    • purchase a product or service (including gift cards) through our website;
    • create an account on our website;
    • request marketing to be sent to you;
    • use features of our website such as favouriting and following, or messaging our Sellers;
    • apply to become a Seller;
    • create or update your Bidgala store;
    • enter a competition, promotion or survey;
    • give us some feedback.
  • Automated technologies or interactions. As you interact with our website, we may automatically collect Usage Data and Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.

THIRD PARTY SOURCES OF DATA AND SHARING DATA

We also collect and share data as described below:

  • Sellers (Artists) - when you place an order for an artwork, we share your information with the relevant seller(s) on our marketplace ("Seller") so that they can process and deliver your order.
  • Cloud storage providers - we use cloud computing platforms that securely store all of our data, including customer details.
  • Email service providers - in order to send you marketing content and transactional emails, we share your details with our email service providers.
  • Social Media Platforms - We may make your name and email address available to companies in order to advertise and market our services to you through other platforms on the internet (e.g. Facebook). See the ‘Marketing' section of this Privacy Policy above.
  • Analytics tools - we use analytics tools to track the way that users interact with our website.
  • Profiling tool - we use profiling tools to understand how you engage with our website and show you content we think will be most relevant to you, based on our understanding of your interests and preferences.
  • Payment providers - in order to facilitate any payments made on our site, we facilitate the sharing of your Financial Data with payment providers.
  • Delivery providers - in order to package and mail your orders to you, it is necessary to share your information with delivery providers.
  • Marketing and insights providers - marketing and insights tools allow us to understand our customers better so that we may provide you with the best possible website, products and customer service experience. We may share certain information about our customers to facilitate this process.
  • Customer service platforms - when you interact with our customer service team, your details are shared with our customer service platform providers.
  • Feedback forms - when you make a purchase, we engage a third party to send out feedback forms on our behalf.
  • Essential Service Providers - Sometimes, other businesses give us data about you which we may need for our legitimate interests of conducting business with you and on occasion they are necessary to perform our contract with you. It usually comprises Financial Data or Transaction Data. This happens when we link through to third party payment providers. They tell us that you have paid for your products and, where relevant and/or necessary they will provide us with your Contact Data and Transaction Data. We also might engage third party contractors to provide us with technical or delivery services that are related to your account with us.
  • Professional Advisers and Investors - We may also share your data with professional advisers such as our lawyers and insurers to manage risks and legal claims, and/or as part of our relationship and obligations to our investor organizations. This is in our legitimate interests.
  • Group - It is possible we could sell our business to a third party or re-organise our business or become insolvent. In that scenario, our database of customers is one of the biggest parts of that business and so we would need to share it with the third-party buyer and their advisers. This is in the legitimate interests of selling our business. We may also expand our group of companies and in this scenario we may share your data within our group in order to improve our products and services and because of some of our internal support services may be shared across the group. This is in our legitimate interests of cost efficiency and growing our business. Where this occurs, we will post a link to all group companies and their locations in this Privacy Policy and they will use it in the ways set out in this Policy.
  • Law Enforcement/Legal Compliance - We will cooperate with all third parties to enforce their intellectual property or other rights. We will also cooperate with law enforcement requests from within or outside your country of residence. This may include disclosing your personal information to government or law enforcement agencies, or private parties, when we have a good faith belief that disclosure is required by law or when we, in our discretion, believe that disclosure is necessary to protect our legal rights, or those of third parties and/or to comply with a judicial proceeding, court order, fraud reduction or legal process served on us. In such cases, we may raise or waive any legal objection or right available to us. These uses of your data are in our legitimate interests of protecting our business security. We may also use your data and share it with the recipients listed in this Privacy Policy for the purpose of complying with our legal obligations.

HOW WE USE YOUR PERSONAL DATA

The Services are designed to help you share information with others. As a result, some of the information generated through the Services is shared publicly or with third parties. Consistent with the permissions you give us to collect the information, we may use the information we collect, including your personal information:

  • to provide, personalize, and improve your experience with the Service and products, services, and advertising (including for third party products and services) made available on or outside the Service (including on other sites that you visit),Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • to communicate with you for Service-related or research purposes including via emails, notifications, text messages, or other messages, which you agree to receive.
  • to process your payment or prevent or detect fraud.
  • to create a list of actual and prospective users and subscribers for our products or Services.
  • to comply with any legal or regulatory obligations.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

  • To register you as a new customer.
  • To register you as a new seller.
  • To register you as a new professional.
  • To process and deliver your order include manage payments, fees, charges and queries through our Customer Service.
  • To collect and recover money owed to us in respect of your order or a payment of commission due to us if you are a Seller.
  • To carry out fraud assessments.
  • To notify you in relation to our legal obligations and documents, including changes to our terms or Privacy Policy.
  • To help us improve our offering to our customers, including asking you to leave a review or take a survey, or provide customer insights include identity, contact, profile and marketing and communication.
  • To administer and protect our business and this website.
  • To use data analytics to improve our website, products/services, marketing, customer relationships and experiences.
  • To use data analytics to improve our website, products/services, marketing, customer relationships and experiences.
  • To make suggestions and recommendations to you about goods or services that may be of interest to you.

WHAT HAPPENS WHEN THERE ARE CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we collect or use information, we will notify you by posting an announcement on the Services or sending you an email.

RIGHT TO ACCESS OR CORRECT PERSONAL INFORMATION

You have the right to access and correct your personal information. If you want to review or correct your personal information, you can login to the appropriate Website or Service and visit your account profile page, or contact us through the Support Center, or you may send us an email at the address noted in the Contact Information section above.

OPTING OUT

You can ask us to stop sending you marketing messages at any time by logging into your preferences page, by following the opt-out links on any marketing message sent to you or by contacting us at any time. If you opt out of receiving email marketing from us, we will no longer share your email address with social media platforms (see ‘External Third Parties' below). However, you may continue to see our ads through them, due to their general demographic targeting. Please check the social media platforms for more detail of how to opt out from seeing these ads. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase from us or one of the Sellers we represent.

COOKIES

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please Contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

CONTACT DETAILS

General Inquiries

Email: info@bidgala.com

Directors:

William Lande: (514)757-5666

Sam Tenenbaum: (514)706-1818