Last Updated: August 6, 2020
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:
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.
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.
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);
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
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;
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).
|Category of Personal Information||Reason for Collecting and/or Sharing||Categories of Third Parties||Collected or Disclosed in past 12 months|
|Common identifiers This includes a name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, and other similar identifiers.||Provision of services; marketing; information security; website management.||Information technology and security providers; marketing services providers.||Collected and disclosed|
|Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). This includes, among other things, a name, signature, address, telephone number, passport number, and driver’s license or state identification card number. Note that this category of information overlaps to some extent with the “Common Identifiers” category.||Provision of services; marketing; information security; website management.||Information technology and security providers; marketing services providers.||Collected and disclosed|
|Protected classification characteristics under California or federal law. This includes: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||Not collected||Not applicable||Not applicable|
|Commercial information. This includes: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||Not collected||Not applicable||Not applicable|
|Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||Not collected||Not applicable||Not applicable|
|Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||Website management and marketing||Web-hosting and marketing support vendors||Collected and disclosed|
|Geolocation data. Physical location or movements.||Not collected||Not applicable||Not applicable|
|Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information.||Not collected||Not applicable||Not applicable|
|Professional or employment-related information. Current or past job history or performance evaluations.||To evaluate, recruit, and hire personnel||Not shared||Collected; not disclosed to third parties|
|Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||Not collected||Not applicable||Not applicable|
|Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||Website management and marketing||Web-hosting and marketing support vendors||Collected and disclosed|
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:
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 email@example.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 firstname.lastname@example.org 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.