Privacy Policy
1. INTRODUCTION AND GENERAL TERMS
Lévy Gorvy Limited, a company registered under company number 10527365 (“Lévy Gorvy”, “we”, “us” or “our” in this policy), forms part of an international commercial gallery representing artists worldwide, and operating in New York, London, Zurich, and Hong Kong (“Services”).
If you have any questions or comments about this privacy policy please contact us via:
Telephone: +44 203 696 5910 (UK) or +1 (212) 772-2004 (US)
Email: policyinquiries@levygorvy.com
Lévy Gorvy is committed to protecting and respecting your privacy. This policy explains the basis on which personal information we collect from you will be processed by us. Where we decide the purpose or means for which personal data you supply through these Services is processed, we are the “data controller” for the purposes of the General Data Protection Regulation 2016/679.
This policy explains the following:
• What information Lévy Gorvy may collect about you;
• How Lévy Gorvy will use information we collect about you;
• Whether Lévy Gorvy will disclose your details to anyone else; and
• Your choices and rights regarding the personal information you have provided to us.
Our online services contain hyperlinks to websites owned and operated by third parties. These third-party websites may have their own privacy policies and we recommend you to review them. We do not accept any responsibility or liability for the privacy practices of such third parties and your use of them is at your own risk.
2. WHAT INFORMATION WILL LÉVY GORVY COLLECT ABOUT ME?
We collect and process the following information which may include your personal data.
Information provided by you when using our Services
You may give us information about you by filling in forms when using our Services, signing up to our newsletter or contacting us with enquiries. Such information can include:
1) Identity and contact data: including your name, address, telephone number and e-mail address;
2) Transaction data: including artwork information, artworks owned, requested, offered, reserved, purchased, consigned and details of artwork invoices; and
3) Profile data: including interests, images, notes, relationships, referrals and other sales notes.
Payment Information
When you purchase an item from us, we use the following third party payment systems which transact all our payments. We have no access to your card payment information. See their websites to find out more about the way they collect and process this information:
Stripe: www.stripe.com/gb/privacy
PayPal: www.paypal.com/uk/
Square: www.squareup.com/legal/
Shopify: www.shopify.com/legal/
How you use our Website (Analytics)
We do not directly track any user information. Any user activity is tracked through a third party analytics provider called Google Analytics. Such information includes:
• number of visitors to our website;
• pages visited while at the website and time spent per page;
• page interaction information, such as scrolling, clicks and browsing methods;
• websites where visitors have come from and where they go afterwards;
• page response times and any download errors;
• other technical information relating to end user device, such as IP address or browser plug-in.
You can always choose to enable or disable cookies in your internet browser. By default, most internet browsers accept cookies but this can be changed. For further details, please consult the help menu in your internet browser. For further information about cookies, please see: www.allaboutcookies.org, and how to adjust your browser settings here: www.allaboutcookies.org/
If you would like to opt-out of Google Analytics monitoring your behaviour on our Website please use this link: tools.google.com/dlpage/
Information about you collected from Third Parties
We may collect personal data about you from third party service providers if required to comply with our legal obligations. This may include information to check your identity and prevent fraud or other illegal activities.
3. DATA SHARING
We may share your personal data with our group of companies, affiliates and third parties who provide us with logistics and payment processing services (set out below), only in the ways that are described in this privacy policy.
We keep your information confidential, but may disclose it to our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this privacy policy. However, this is on the basis that they do not make independent use of the information and have agreed to safeguard this information.
In addition, we may 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); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).
4. HOW WE WILL USE INFORMATION WE COLLECT ABOUT YOU AND WHO WILL WE SHARE IT WITH
Providing the Services to you as a prospective or existing client
We may use and retain your personal data where we need to perform the contract we are about to enter into or have entered into with you, such as:
• for registering you as a new client;
• processing purchases including any shipping details for delivery of the artwork; and
• keeping track of contractual agreements.
We may also use and retain the personal data you provide to us when requesting our Services, to pursue our legitimate interest of providing our Services to you, such as:
• keeping track of artworks offered to you in order to understand your preferences and purchase history and allow us to offer relevant artwork to you when it comes in;
• keeping track of artwork;
• responding to your enquiries; and
• providing you with information and updates about the Services we offer.
We may analyze certain types of information that you submit to us for the legitimate interest of improving the Services we offer to you and to provide you with a bespoke, tailored service and art advisory and consultancy service, based on your preferences, recommendations, interests and previous purchases and location. We may share your personal data with our selected third-party providers and suppliers for the performance of delivering our Service under the contract between you and Lévy Gorvy, including processing payments and delivering artwork to you in accordance with your instructions.
We may use a third-party payment services provider to process payment for our Services as set out above in section 2, who will store, collect and process your payment details over SSAL (Secure Sockets Layer). When using these payment providers, our servers do not have access to your payment details.
Providing the Services and acting for you as an artist or prospective artist
We may use and retain your personal data where we need to perform the contract we are about to enter into or have entered into with you, such as:
• promoting and selling your artwork to relevant clients based on their preferences and previous purchases;
• retaining a personal profile of you and your artwork to provide clients with background information, and market your artwork accordingly;
• responding to your enquiries; and
• providing you with information and updates about our Services and upcoming exhibitions
Compliance and Prevention of Fraud and Illegal Activity
We may process personal data for the legitimate interests of ensuring that use of our Services is lawful and non-fraudulent, does not disrupt the operation of our Services, does not harass our staff or other individuals, and to enforce our legal rights and comply with our legal obligations, including compliance with anti-money laundering regulations (if and where applicable). We process personal data for the legitimate interest of complying with HMRC requirements by retaining records of customer purchases and transactions. Where we reasonably believe that you are or may be in breach of any of the applicable laws, we may use your personal information to inform relevant third parties such as your email/internet provider or law enforcement agencies about the content.
Marketing
We use various forms of marketing to provide you with promotional materials about our Services.
We may process your contact information that you provide to us (either via our website, through business cards, or through use of our Services) for the purposes of marketing in accordance with our legitimate interests to send you information about gallery exhibitions and events. We use a third-party email provider called MailChimp to process these marketing emails. See their privacy policy at www.mailchimp.com/legal/
If you would like to be removed from this mailing list, please contact us at policyinquiries@levygorvy.
To understand how our Services are used
We use Google Analytics to understand how visitors use our website and to compile reports on website activity.
This processing is necessary for us to pursue our legitimate interest in improving our website and providing a more relevant service to our customers. This information is not used to develop a personal profile of you.
5. YOUR RIGHTS IN RELATION TO PERSONAL DATA WHICH WE PROCESS RELATING TO YOU
You have the following rights over the way we process personal data relating to you. We aim to comply without undue delay, and within one month at the latest.
You have the following rights over the way we process personal data relating to you. We aim to comply without undue delay in response to any requests by you:
• for a copy of data we are processing about you and to have inaccuracies corrected;
• to ask us to restrict, stop processing or to delete your personal data;
• for a machine-readable copy of your personal data, which you can use with another service provider. Where it is technically feasible, you can ask us to send this information directly to another provider if you prefer; and
• to make a complaint to a data protection regulator.
Please send your requests to policyinquiries@levygorvy.com.
6. DATA RETENTION
We will hold your personal information on our systems for as long as is necessary for the relevant purpose and to maintain business records for tax, legal and regulatory reasons, or as otherwise described in this privacy policy.
In the context of our research and records relating to sales and ownership of artworks to assist with checks on authenticity, provenance and title, we will keep this data for as long as the record is relevant to our legitimate business interest and the public interest.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
We keep an archive, which documents artists, their practices, exhibitions and events over a number of years. All information stored in the archive is kept securely. Information in the archive is held by us indefinitely, consistent with our legitimate interest and reviewed periodically.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
7. CHILDREN
We do not knowingly solicit data from or market to children under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at policyinquiries@levygorvy.com. We will delete such information from our files within a reasonable time.
8. SECURITY
We will take all reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.
Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
9. CHANGES
We will notify you of any changes to this policy by email, notice on the website or account message.
10. INTERNATIONAL DATA TRANSFERS
Where we transfer your data outside of the EEA and/or Switzerland in respect of the transfer to the above affiliates, we have agreements in place with those parties which include standard data protection clauses adopted by a data protection regulator and approved by the European Commission and the Swiss Federal Data Protection and Information Commissioner, to ensure that appropriate safeguards are in place to protect your personal data. If you would like to find out more about these safeguards, please let us know by writing to policyinquiries@levygorvy.com.