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Last Updated: August 6, 2020

Deitch.com Privacy Policy

Jeffrey Deitch Inc. located at 76 Grand Street, New York, NY 10013, its parents, subsidiaries, affiliates, licensees, and assigns (collectively, “DEITCH”) is committed to protecting the privacy and security of the data of its users. The below Privacy Policy (the “Privacy Policy”) informs you (“you” or “your”) as to how DEITCH collects and uses information from its website located at https://deitch.com/ and https://online.deitch.com/ (the “Site”). The Site’s Terms of Service (the “Terms”) incorporate the Terms of this Privacy Policy. By using the Site, you accept and agree to the practices this Privacy Policy describes and the Terms. If you do not agree to the Terms or this Privacy Policy, do not access or use the Site or any of the Services available thereon.

1. Linked Sites and Service Providers: This Privacy Policy does not address, and DEITCH is not responsible for, the privacy, information, or other data collection, storage, and use practices of any third party operating any site or property to which the Site links, including, without limitation, Facebook, Inc., Apple Inc., Google Inc., Microsoft Corp., Research In Motion, any wireless carriers and any third party (each, a “Linked Site”) or third parties who may provide certain services in connection with your access and use of, and DEITCH’s ability to provide certain products and services to you through, the Site as further discussed in this Policy (each, a “Service Provider”). DEITCH recommends you review the privacy policies of each Linked Site or Service Provider prior to accessing or using the Site. The inclusion of a link on the Site does not imply DEITCH’s endorsement of, or affiliation with, the Linked Site.

2. Information DEITCH Collects: When you use the Site, DEITCH may collect and use Personal Information about you, as well as Anonymous Information. “Personal Information” is information that can be used to identify you (whether alone or in combination) such as your first and last name, email address, zip code/post code, billing address, shipping address, phone number, age, date of birth, and social media handles. “Anonymous Information” is aggregated information (information about DEITCH’s users that it renders in such a way that it no longer identifies or references an individual user) and other pseudonimized information which cannot be used to identify you. More specifically, when you use the Site, DEITCH may collect the following information:
a. Details of your visits to the Site and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data, including your IP address, browser type, the date and time you accessed or left the Site, and which pages you viewed. Some parts of the Site use cookies, pixel tags (also known as “web beacons”), and other technologies to collect this information about your general internet usage. See the section below called “Cookie Policy” to learn more.
i. An Internet Protocol (IP) address is a number that is automatically assigned to your device from which you are accessing the Site by your Internet Service Provider (ISP), and is identified and logged automatically in the server log files whenever you visit the Site, along with the time of the visit and the activity on the Site, browser type and operating system, device information, device event information, and the page you’ve viewed or engaged with before or after using the Site. DEITCH and its Service Providers use IP addresses for purposes such as calculating Site usage levels, helping diagnose server problems, administering the Site and determining your approximate geographic location.
ii. If you use any location-enabled products or services, you may be sending DEITCH location information (e.g. IP address). When you use a location-enabled service, DEITCH may collect and process information about your precise geographical location, such as GPS signals sent by a mobile device. DEITCH and its Service Providers and partners may use your device's physical location to provide you with personalized location-based services, content and advertisements. In some instances, you may be permitted to allow or deny such uses of your device's location, but if you choose to deny such uses, DEITCH may not be able to provide you with the applicable personalized services and content.
b. Information that you provide directly to DEITCH by filling in forms on the Site, including your name, email address, street address, telephone number, social media handles, or other information, such as when you sign up for DEITCH’s newsletter or access the Site’s online gallery.
c. Information provided to DEITCH when you communicate with DEITCH for any reason, including information you provide in emails you send DEITCH, or submissions you may make.
d. DEITCH may engage third parties, such as Google Analytics, to provide analytics about the use of the Site, data processing and management, account management, hosting, customer and technical support. Third-party cookies are covered by the third party’s privacy policy. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit the Network Advertising Initiative at www.networkadvertising.org or the Digital Advertising Alliance at www.aboutads.info.

3. Cookie Policy:
a. A “cookie” is a small computer file that is sent to your computer when you visit a website. “Process Cookies” are cookies that help the website to function properly and assist in navigating pages and accessing services. Without these cookies, the website may not function properly. “Session State Cookies” are cookies that collect information about how users interact with a website. This may include the page users visit most often and whether users get error messages from certain pages. These cookies help improve users’ browsing experience, but blocking or deleting these cookies will not render the website unusable When you visit the website again, the cookie allows that site to recognize your browser. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Keep in mind, however, that some website features or services may not function properly without cookies.
b. A pixel tag is a type of technology placed on a website or within the body of an email for the purpose of tracking activity on websites, or when emails are opened or accessed, and is often used in combination with cookies.
c. The Site may use social media plug-ins (e.g., the Facebook “Like” button, “Share to Twitter” button) to enable you to easily share information with others. When you visit the Properties, the operator of the social plug-in can place a cookie on your computer or other electronic device that enables that operator to recognize individuals who have previously visited the Site. If you are logged into the social media website (e.g., Facebook, Twitter) while browsing on the Site, the social media plug-in allows that social media website to receive information that you have visited the Site. The social media plug-in also allows the social media website to share information about your activities on the Site with other users of their social media website. These sharing settings are managed by the social media website and governed by its privacy policy. DEITCH recommends that you review the privacy policies of each of these websites, apps, or services before connecting your accounts or sharing any Personal Information.
d. Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to sites and online services you visit. Like many websites and online services, DEITCH currently does not alter its practices when DEITCH receives a “Do Not Track” signal from a visitor’s browser. To learn more about cookies and any "Do Not Track" features, please visit http://www.allaboutcookies.org/ and http://www.allaboutdnt.com. If you choose to decline cookies, then some or all of the features, functionality and promotions available through the Site that may not be available to you. If you do not want information collected through the use of cookies, there is a procedure on most devices through which the Site is accessed that allows you to decline the use of cookies;
e. If your device stores Flash LSOs, and if you do not want Flash LSOs stored on your device through which you access the Site, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as "information" on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Site. DEITCH expects Service Providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but cannot guarantee that they will do so.

4. How DEITCH Uses Your Information: DEITCH uses the Personal Information it collects from you primarily to enable DEITCH to provide you with information about its Services in the best possible manner. In addition, your Personal Information may be used for the following purposes:
a. To provide you, including via your email address, with information relating to DEITCH’s Site and Services and those of its partners, artists, and affiliates, including, without limitation, information related to exhibitions, online galleries, featured artists, and upcoming events;
b. To respond to your inquiries and fulfill your requests (e.g., send newsletters or provide you with information about the Site);
c. To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how DEITCH use and disclose your Personal Information, so DEITCH suggests you read these rules carefully; in the event of a conflict between such rules and this Privacy Policy, such rules will govern;
d. To provide, improve, test, monitor, and develop the Site, including, without limitation, to provide you access to the Site, and identify usage trends;
e. To develop, diagnose, fix, and test Services;
f. To provide you with updates regarding DEITCH’s Site and Services;
g. To administer the Site, including by monitoring and analyzing the Site traffic and usage patterns; and
h. As DEITCH believes to be necessary or appropriate: (i) under applicable law, including laws outside your country of residence; (ii) to comply with legal process; (iii) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (iv) to enforce the Terms and Privacy Policy; (v) to protect DEITCH’s business operations; (vi) to protect DEITCH’s rights, privacy, safety or property, or that of you or others; or (vii) to allow DEITCH to pursue available remedies or limit the damages that DEITCH may sustain.

5. How DEITCH Discloses Your Personal Information: DEITCH does not sell or rent Personal Information collected through the Site to anyone. DEITCH may disclose your Personal Information or Anonymous Information to third parties as follows:
a. With your consent for those purposes to which you have agreed;
b. To its Service Providers as necessary for them to perform tasks on DEITCH’s behalf, including, without limitation, hosting, data analysis, email delivery, and other similar tasks;
c. To courts, law enforcement agencies, and governmental authorities (i) to comply with applicable law, including laws outside your country of residence; (ii) to comply with legal process; (iii) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (iv) to enforce the Terms; (v) to protect DEITCH’s operations; (vi) to protect DEITCH’s rights, privacy, safety or property, or that of you or others; or (vii) to allow DEITCH to pursue available remedies or limit the damages that DEITCH may sustain;
d. As part of a sale, merger or change in control of DEITCH, or in preparation for any of these events. Any other entity that buys DEITCH or part of its business will have the right to continue to use your data as set out in this Privacy Policy unless you specifically inform us that you do not consent to this continued use.

6. Privacy Practices: The chart below provides additional information about the categories of information DEITCH collects, the reason DEITCH collects it, and the categories of third parties with whom DEITCH may share the information. (Note that DEITCH does not necessarily collect all types of information that fall within a certain category).

7. Security: DEITCH uses commercially suitable physical, electronic, and managerial procedures to safeguard and secure the information it collects on the Site. These procedures may include, but are not limited to, firewalls, encryption, intrusion detection, and Site monitoring. Only those DEITCH employees and Service Providers with a need to access certain Personal Information shall have such access. However, no data protection procedures are entirely infallible. As a result, while DEITCH strives to protect your Personal Information, DEITCH cannot guarantee that it will be 100% secure. Your transmission of your data to the Site is done entirely at your own risk.

8. International Visitors: The Site is hosted and operated in the United States (“US”) and elsewhere in the world. By using the Site, you are consenting to the transfer of your personal information to the US. If you are accessing the Site from outside the US, please be advised that US law may not offer the same privacy protections as the law of your jurisdiction.

9. Your Choices:
a. Review and Collection of Your Personal Information: You may review and edit the Personal Information DEITCH collected about you at any time by contacting DEITCH at the addresses below. If your information has been shared with a third party, as described elsewhere in this Privacy Policy, then that third party has received its own copy of your data. If you have been contacted by one of these third parties and wish to correct or delete your information, please contact them directly.
b. Opting Out: You may opt out of certain collection practices, including, without limitation, in accordance with the following:
i. To opt out of receiving DEITCH’s newsletter, you may follow the instructions set forth in the applicable email(s);
ii. DEITCH may use Google Analytics to collect, store, and use certain Personal Information on DEITCH’s behalf. To find out how Google uses the information from sites or apps that use its services, please visit https://policies.google.com/technologies/partner-sites. To opt out of Google Analytics, you may install the Google Analytics Opt-Out Browser found at https://tools.google.com/dlpage/gaoptout. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page found at https://adssettings.google.com/authenticated;
iii. On your mobile device, enable the “Limit Ad Tracking” setting in your iOS phone’s settings, or the setting to “Opt out of Ads Personalization” in your Android phone’s settings. To opt-out of location tracking when using the Site, you can use the settings of your device. You can disable mobile analytics and bug reporting through these same settings as well. For more information about analytics and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page found at http://optout.networkadvertising.org/?c=1, the Digital Advertising Alliance’s opt-out page found at http://optout.aboutads.info/?c=2&lang=EN, or EDAA’s Your Online Choices page found at http://www.youronlinechoices.com/.

10. California Privacy Rights: California law gives California consumers certain rights related to their personal data:
a. The right to request disclosure of the personal information collected about you. That includes the categories of information collected about you, the categories of sources from which such information is collected, the purpose for collecting the information, and the specific pieces of information collected about you.
b. The right to request the deletion of any personal information DEITCH has collected from you. There are various exceptions. For example, DEITCH does not need to delete information needed to complete a transaction, information DEITCH need as part of our ongoing relationship with you, or for anti-fraud or data security purposes, among other reasons.
c. The law states that if DEITCH sell your personal information you have the right to opt out of such use of your data. However, DEITCH does not sell personal data of consumers, so this provision does not apply here.
d. In addition, the law states that DEITCH may not discriminate against you for exercising the above rights. That means denying goods or services or charging a different price unless such price difference is justified.
California residents can make a request relating to these issues:

• by email at info@deitch.com
• by writing to Jeffrey Deitch Inc., 76 Grand Street, New York, NY 10013

e. DEITCH will only act on your request if it is “verifiable.” To verify your identity, DEITCH will collect basic personal information about you to match with our records. Next, you will receive a written confirmation that your request was received, as well as information about additional steps that may be required to confirm your identity and verify appropriate contact information.
f. You may make a request to disclose or delete using an “authorized agent.” Please include with your request a signed document stating that the agent is authorized to act on your behalf. DEITCH will then respond by providing information as to (i) how you can verify your identity, and (ii) confirm that the agent is authorized to act on your behalf.
g. If you have only provided personal information as a result of browsing DEITCH’s website (i.e., you did not complete any forms or send us any emails or other communications) DEITCH will be unable to provide information about the specific personal information DEITCH hold about you. Please refer to the table above for information about DEITCH’s general data handling practices.
h. Please note that you may make data requests no more than twice in a 12-month period. If you have questions about this process, please contact us by email at info@deitch.com or by writing to Jeffrey Deitch Inc., 76 Grand Street, New York, NY 10013.
i. DEITCH will try to respond to verifiable requests within 45 days. If DEITCH require more time, DEITCH will inform you of the reason and extension period in a written response. DEITCH will deliver DEITCH’s written response by mail or electronically, at your option. Any disclosures DEITCH provide will only cover the 12-month period preceding the receipt of your request. The response DEITCH provide will also explain the reasons DEITCH cannot comply with a request, if applicable.
j. DEITCH do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If DEITCH determine that the request warrants a fee, DEITCH will tell you why DEITCH made that decision and provide you with a cost estimate before completing your request.
k. “Do Not Track” Requests. DEITCH’s website does not respond to “Do Not Track” requests. As noted above, however, persons using DEITCH’s site may be able to change their browser settings to respond to such requests, and limit the ability of their consumer information to be tracked across websites.
l. DEITCH will not discriminate against you for exercising any of your rights under California law.

11. General Data Protection Regulation: If you are a data subject in the European Economic Area (“EEA”), you have the right to access, rectify, or erase any personal data DEITCH has collected about you. You also have the right to data portability and the right to restrict or object to DEITCH’s processing of personal data it has collected about you. You may withdraw your consent at any time for any data processing DEITCH does based on consent you have provided to it. To exercise any of these rights, contact DEITCH as set forth in the section “Contact Us” below and specify which right you intend to exercise. DEITCH will respond to your request within 30 days. DEITCH may require additional information from you to allow DEITCH to confirm your identity. Please note that DEITCH may store information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of DEITCH’s legitimate interests, including to comply with its legal obligations, resolve disputes, prevent fraud, and enforce its agreements. Personal data collected within the European Union and Switzerland may be transferred and processed by third parties located in a country outside of the European Union and Switzerland. In such instances, DEITCH will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws. If you have any issues with DEITCH’s compliance, you have the right to lodge a complaint with an EEA supervisory authority.

12. Updates: DEITCH may update the Privacy Policy from time to time, so please review it regularly. If DEITCH materially change the Privacy Policy, DEITCH will notify you by contacting you through your provided e-mail address or by posting a notice on the Site. Your continued use of the Site will be deemed your agreement that your information may be used in accordance with the new policy. If you do not agree with the changes, then you should stop using the Site and notify DEITCH that you do not want your information used in accordance with the changes.

13. Contacting Us: DEITCH welcomes any questions, comments, or complaints you may have regarding this Privacy Policy. Please do not hesitate to contact DEITCH by email at info@deitch.com or by writing to Jeffrey Deitch Inc., 76 Grand Street, New York, NY 10013.