Privacy Policy
Effective Date: August 15, 2018

  1. Introduction and Overview

    This Privacy Policy describes how The Alexander Archipenko Foundation (“The Foundation,” “we,” “our,” or “us”) collects, uses, and shares information about you as well as your rights and choices about such use and sharing, and governs all online interactions with any online service location that posts a link to this Privacy Policy and all features, content, and other services that we own, control, and make available through such online service location including our Catalogue Raisonné (collectively, the “Service”). This Privacy Policy does not apply to our information collection activities outside of the Service (unless otherwise stated below or at the time of collection).

    Your use of the Service constitutes your agreement to our Terms of Use as well as to the terms of this Privacy Policy including our collection, use and disclosure practices, and other activities as described within our Privacy Policy. If you do not agree and consent, please discontinue use of the Service.

    If you have any questions about our privacy practices, please contact us as set forth in the section entitled “Contact Us” below.

  2. How We Collect and Use the Information You Provide

    In order to maintain our Catalogue Raisonné and provide it to you, as well as provide you with communications relevant to our services and mission, we must collect and use information about you. Information that you provide directly via the Service is used to this end, to better meet your needs, improve and facilitate any customer service, and inform you of the Foundation’s activities and our website’s new content. Our collection and use of visitor information may vary with the type of interaction or transaction that visitors engage in. We may use Service Providers (defined below) to collect this information.

    The information we collect includes information that identifies you personally (whether alone or in combination). Some examples of information we collect include the following:

    • Contact Data: We collect your first name, last name, and e-mail address.
    • Credentials: We collect passwords, password hints, and similar security information for authentication and account access.
    • Demographic Data: We collect demographic information such as your age, gender, and country.
    • Account Data: We collect your username and other profile data that you provide when you register an account with us.
    • Content: We collect the content of messages you send to us. We also collect the content of your communications as necessary to provide you with the services you use.
    • Releases: We collect and store releases that you provide and related pertinent information regarding the examination of works and our provision of expertises.
    • Questionnaires: We collect and store information on questionnaires that you provide and inquiries regarding works and our expertises.

    You may choose to voluntarily submit other information to us through the Service that we do not request, and, in such instances, you are solely responsible for such information.

  3. How We Use Your Information

    We use information about you to:

    • Manage our Service, including your registration and account, and access to our Catalogue Raisonné.
    • Fulfill any transactions with us including registering for our Catalogue Raisonné, adding works to our Catalogue Raisonné, or providing our expertises and shipping of merchandise and catalogues.
    • Perform services requested by you, such as to respond to your comments, questions, and requests.
    • Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.
    • Prevent and address fraud, breach of policies or terms, and threats or harm.
    • Monitor and analyse trends, usage, and activities.
    • Send you communications regarding our events and services that may be of interest to you.
    • Develop and display content and features in our Service.
    • Fulfill any other purpose disclosed to you and with your consent.
    • We may use information that does not identify you (including information that has been de-identified) without obligation to you except as prohibited by applicable law. For information on your rights and choices regarding how we use your information, please see the section entitled “Your Rights and Choices” below.
  4. How We Share Your Information

    We may share information about you as follows:

    • Questionnaires: We may include information provided by you through our questionnaires in our Catalogue Raisonné.
    • Service Providers: We may disclose your personal data to our agents, vendors, and other third-party service providers (collectively “Service Providers”) who use the information to perform services on our behalf, such as website hosting, information technology services, ticketing, and data management. We require all third-party service providers to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
    • Merger or Acquisition: We may share your information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
    • Security and Compelled Disclosure: We may use or disclose your personal data as we deem necessary or appropriate under applicable laws; to respond to requests from public, governmental, and regulatory authorities; to comply with court orders, litigation procedures, and other legal processes; to obtain legal remedies or limit our damages; and to protect the rights, safety, or the Service, the property of our employees, you, or others.
    • Consent: We may share your information for any other purpose disclosed to you and with your consent.
    • Without limiting the foregoing, in our sole discretion, we may share aggregated information, which does not identify you or de-identified information about you with third parties for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we share your information, please see the section entitled “Your Rights and Choices” below.
  5. Your Rights and Choices

    Review and Update of Account Information

    You may access, update, or remove certain account information that you have voluntarily submitted to us through the Service by sending an e-mail to the e-mail address set forth in the section entitled “Contact Us” below. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. California residents have additional rights as set forth in the section entitled “Your California Privacy Rights” below.

    Communications

    E-mails: If you email The Foundation, your message and email address may be saved by The Foundation and we may send you emails in order to inform you of special events or promotions. Any message, material, business information, ideas, concepts, or other information sent to The Foundation by email will be treated as non-confidential and non-proprietary [unless otherwise agreed upon in writing].

    E-mail Opt-out: The Foundation may send email to our website visitors. Email recipients may opt out at any time by following the "unsubscribe" instructions included in the email message, or by e-mailing us at the e-mail address set forth in the section entitled “Contact Us” below with the word UNSUBSCRIBE in the subject field of the e-mail. Please note that you cannot opt-out of non-promotional e-mails, such as those about your account, transactions, servicing, or The Foundation’s business relations.

    Please note that your opt-out is limited to the e-mail address used and will not affect subsequent subscriptions.

    Your California Privacy Rights

    California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt in to, or opt out of, this type of sharing.

    The Foundation does not share personal information as defined by California’s “Shine the Light” law with third parties and/or affiliates for such third parties’ and affiliates’ own direct marketing purposes. If you are a California resident and wish to obtain information about our compliance with this law, please contact us as set forth in the section entitled “Contact Us” below. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that The Foundation is not required to respond to requests made by means other than through the provided e-mail address or mail address.

    Any California residents under the age of eighteen (18) who have registered to use the Service and posted content or information on the Service, can request that such information be removed from the Service by sending an e-mail to the e-mail address set forth in the section entitled “Contact Us” below. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.

  6. Children

    The Service is intended for a general audience and not directed to children under thirteen (13) years of age. The Foundation does not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe The Foundation has collected such information in a manner not permitted by COPPA, please contact us as set forth in the section entitled “Contact Us” below, and we will remove such data to the extent required by COPPA.

  7. Data Security

    We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect your information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information.

  8. International Transfer

    We are based in the U.S. and the information we collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information in the U.S. and other jurisdictions as set forth in this Privacy Policy.

  9. Changes to this Privacy Policy

    We reserve the right to revise and reissue this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of our Service indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide you additional notice to your e-mail address.

  10. Contact Us

    If you have any questions or comments regarding this Privacy Policy and our data practices, please contact us at:

    P.O. Box 247, Bearsville, NY 12409
    administration@archipenko.org