ArtsKeeper Privacy Policy

WEBSITE PRIVACY POLICY (Last update: March 20, 2023)

This Website Privacy Policy applies to: The identical content found at artskeeper.org, artskeeper.com, and artskeeper.net (Collectively referred to as “Our Website” herein).

The respect of your private life is of the utmost importance for ArtsKeeper Inc, who is responsible for Our this website.

This Privacy Policy aims to lay out:

the way your personal information is collected and processed. "Personal information" means any information that could identify you, such as your name, your mailing address, your email address, your location, and your IP address. "Personal information" is a synonym for "personal data" within the meaning of the Regulation 2016/679 of the European Union (General Data Protection Regulation);
your rights regarding your personal information.
who is responsible for the processing of the collected information.
to whom the information is transmitted.
if applicable, Our Website's policy regarding cookies.

This Privacy Policy applies to Our Website (www.artskeeper.org) and its associated subdomains (collectively, our “Service”) alongside our business operations conducted via Our Website. By accessing or using our Service (including by continuing to view and make use of our website), you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our Terms and Conditions of Service.

If you are dissatisfied with any part of this Privacy Policy, your sole and exclusive remedy is to discontinue using Our Website.

1. COLLECTION OF PERSONAL INFORMATION

We collect the following personal information:

Last Name
First name
Mailing address
Postal code
Email address
Phone and/or fax number
Occupation
Preferences (literature, music, films, novels, settings.)
Age

Providing this personal information is completely voluntary; we do not collect this personal information from you unless you provide it to us. The personal information we collect is collected through the collection methods described in the following section.

2. FORMS AND METHODS OF COLLECTION

Your personal information is collected through the following methods when you visit Our Website or otherwise use our services:

Website registration form
Order form
Survey form
Contest
Posting on Our Website and/or forums hosted on the Our Website

We use the collected data for the following purposes:

Order tracking
Special offers
Statistics
Contact
Managing Our Website
To improve customer service
To process transactions
To administer a contest, promotion, survey or other site feature
To personalize your experience
Legal compliance (we use your data where legally required to do so)
To Exercise our Rights, where reasonably necessary, we use your data to exercise our legal rights and prevent abuse of our service. For example, we may use your data to detect and prevent fraud, spam, or content that violates our terms of service.

3. INTERACTIVITY

Your personal information is also collected through the interactivity between you and the Our Website. This personal information is collected through the following methods:

Forum

We use the personal information thus collected for the following purposes:

Statistics
Contact
Website management
To personalize your experience
Legal compliance (we use your data where legally required to do so)
To Exercise our Rights, where reasonably necessary, we use your data to exercise our legal rights and prevent abuse of our service. For example, we may use your data to detect and prevent fraud, spam, or content that violates our terms of service.

4. COOKIES AND LOG FILES

We also collect personal and non-personal information through log files and cookies. These allow us to process statistics and information about traffic on the Our Website, to ease navigation, and to improve your experience for your comfort.

Under the General Data Protection Regulation (European Regulation 2016/679), the use of cookies and log files that involves personal information saving and analysis requires your consent.

Your consent is considered to be valid for a maximum period of thirteen (13) months. At the end of that period, we will ask again for your consent to save cookies and log files on your hard disk.

a) Cookies used by the Our Website

Our website uses "Cookies" to identify the areas of Our Website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of Our Website but they are non-essential to its use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the Our Website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on Our Website correctly or at all. We never place Personally Identifiable Information in Cookies.

The cookie files used on the Our Website are the following:

Day and time of connection
Authentication and User Centric Security
Flash cookies
User interface customization
Load Balancing
Analytics and customization
Social networking
Advertising cookies
Third party

The use of such files allows us to achieve the following purposes:

Improvement of the service and personalized welcome
Personalized consumption profiles
Order tracking
Statistical surveys

By using Our Wthe Website, cookies from the following third parties may be saved on your hard disk:

Google Analytics

YouTube

________

The Our Website also embeds sharing and social media networks buttons that allow you to share your activity on Our Website. Cookies and log files from the social media networks may be saved on your computer when you use these features.

These third-party websites have their own privacy policy and terms and condition that may be different than ours. We invite to look at the privacy policies and terms and conditions from these websites before continuing to use Our Website and or continuing to access these third-party websites via Our Website.

b) Objection to the use of cookies and log files by Our Website

You have the right to object to the recording of these cookies and log files by configuring your web browser.

Once you have deactivated cookies and log files, you may continue your use of the Our Website. However, any malfunction resulting from this deactivation shall not be considered of our making.

5. SHARING PERSONAL INFORMATION

The personal information collected by the Our Website is not transmitted to any third party and is processed only by us. We do not sell or rent your personal information to any third parties.

6. THIRD PARTIES

This Privacy Policy applies only to the Services of ArtsKeeper, Inc., via our. The Our Website may contain links to other websites not operated or controlled by Artskeeper, Inc. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from Our Website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

We may share the information that we collect, both personal and non-personal, with third parties such as advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you. We may also share it with our current and future affiliated companies and business partners, and if we are involved in a merger, asset sale or other business reorganization, we may also share or transfer your personal and non-personal information to our successors-in-interest.

We may engage trusted third-party service providers to perform functions and provide services to us, such as hosting and maintaining our servers and the Our Website, database storage and management, e-mail management, storage marketing, credit card processing, customer service and fulfilling orders for products and services you may purchase through the Our Website. We will likely share your personal information, and possibly some non-personal information, with these third parties to enable them to perform these services for us and for you.

We may share portions of our log file data, including IP addresses, for analytics purposes with third parties such as web analytics partners, application developers, and ad networks. If your IP address is shared, it may be used to estimate general location and other technographics such as connection speed, whether you have visited the Our Website in a shared location, and type of the device used to visit the Our Website. They may aggregate information about our advertising and what you see on the Our Website and then provide auditing, research and reporting for us and our advertisers. We may also disclose personal and non-personal information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate in order to respond to claims, legal process (including subpoenas), to protect our rights and interests or those of a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to otherwise comply with applicable court orders, laws, rules and regulations.

Business partners and affiliated companies may include third parties that offer outside services via posts in the forum or elsewhere on Our Website (including advertising). Before you provide any additional personal information to such third-party business partners and affiliated companies, you are urged to review their respective privacy policies, as per the above instructions for other third party websites.

7. HOW WE USE YOUR EMAIL & TELEPHONE

From time-to-time Artskeeper Inc. may contact you via email for the purposes of providing announcements, promotional offers, alerts, confirmations, surveys, and/or general communication. By submitting your email address on Our Website, you agree to receive emails from us. You can cancel your participation in any of these email lists at any time by clicking on the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them, either directly, or through a third party. We do not send unsolicited commercial emails, because we hate spam as much as you do. By submitting your email address, you also agree to allow us to use your email address for customer audience targeting on sites like Facebook, where we display custom advertising to specific people who have opted-in to receive communications from us. Email addresses submitted only through the order processing page will be used for the sole purpose of sending you information and updates pertaining to your order. If, however, you have provided the same email to us through another method, we may use it for any of the purposes stated in this Policy.

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

From time to time, Artskeeper, Inc. may contact you via telephonic SMS/Text messages, for the purposes of providing announcements, promotional offers, alerts, confirmations, surveys, and/or general communication. By submitting your telephone number via Our Website, you agree to receive phone calls and/or telephonic SMS/text messages from us. We only send telephone SMS/Text messages to persons that have authorized us to do so. We do not send unsolicited Telephonic or SMS/text messages, because we hate spam as much as you do. The number of telephonic SMS/Text messages will not exceed 10 per month You will not receive telephonic SMS/Text messages unless you explicitly agree to receive such SMS/Text messages on a phone number that you voluntarily provide to us and so designate as available to accept telephonic SMS/Text messages from us.

If you would like to stop receiving such communications via telephone SMS/Text message, you may opt out of such communications by replying with an SMS/Text message "STOP" - or --- emailing george@artskeeper.org.

8. STORAGE PERIOD OF PERSONAL INFORMATION

The controller will keep in its computer systems, in reasonable security conditions, the entirety of the personal information collected for the following duration: 5 years.

9. HOSTING OF PERSONAL INFORMATION

Our Website is maintained via a third party service which has its own Privacy Policy, which may be applicable to you.

Our Website is hosted by: wix.com, located at the following address:

Wix.com, 40 Namal Tel Aviv St., Tel Aviv 6350671, Israel.. or

500 Terry A. Francois Boulevard, 6th Floor, San Francisco, CA, 94158.

The host may be contacted at the following - https://www.wix.com/about/contact-us or via the other means identified in their privacy policy.

The Wix.com privacy policy can be accessed via their website - https://www.wix.com/about/privacy. You are encouraged to read and review the same before continuing to use our service.

Personal information we collect, and process is transferred to the following countries: USA and Canada.

The transfer of personal information outside of the European Union is justified by the following reasons:

the corporate headquarters are in the USA and corporate officers, including the Data Controller and Data Protection Officer are in Canada.

In addition to the location of its corporate headquarters being in the US, Artskeeper, Inc. is incorporated in United States. Information collected via Our Website, through direct interactions with you, or from use of our forum, or other services may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such data. To the fullest extent allowed by applicable law, by using any of the above, you voluntarily consent to the trans-border transfer and hosting of such information.

10. CONTROLLER

a) Controller

The "Controller" is: George Farkas, 5764 Wolseley, Cote St-Luc, Quebec, Canada, H4W 2L7.. The Controller may be contacted as follows:

email at george@artskeeper.com

The Controller is in charge of determining the purposes for which personal information is processed and the means of such processing.

b) Obligations of the Controller

The Controller is committed to protecting the personal information collected, not to transmit it to third parties without informing you, and to respect the purposes for which personal information was collected.

In the event that the integrity, confidentiality, or security of your personal information is compromised, the Controller is committed to notifying you.

11. RIGHT OF OBJECTION AND OF WITHDRAWAL

You have the right to object to the processing of your personal information by the Our Website ("right to object"). You also have the right to request that your personal information not appear, for example, on a mailing list ("right to withdraw").

If you wish to exercise the right to object or the right to withdraw, you must follow the procedure described hereinafter:

send an email to controller at george@artskeeper.com

12. RIGHT OF ACCESS, OF RECTIFICATION AND OF REMOVAL

You have the right to consult, update, modify or request the removal of information about you by following the procedure described hereinafter:

send an email to controller at george@artskeeper.com

Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:

• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

• Debug to identify and repair errors that impair existing intended functionality;

• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;

• Comply with the California Electronic Communications Privacy Act;

• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;

• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

• Comply with an existing legal obligation; or

• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

If you have a personal account, you may request its removal by following the procedure described hereinafter:

send an email to controller at george@artskeeper.com

13. (APPLICABLE TO EU RESIDENTS) GENERAL PRINCIPLES RELATING TO THE COLLECTION AND PROCESSING OF PERSONAL DATA UNDER EUROPEAN REGULATION 2016/679

In accordance with the provisions of Article 5 of European Regulation 2016/679, the collection and processing of your personal data comply with the following principles:

Lawfulness, fairness and transparency: your personal data may only be collected and processed with your consent. Every time your personal data is collected, you will be informed that your personal data is collected and for which reasons your personal data is collected;
Limits purposes: the data is collected and processed for one or more purposes set out in this Privacy Policy;
Data minimization: only personal data necessary for the purpose to which it is necessary is collected;
Storage limited in time: personal data is stored for a limited time, of which you are notified;
Integrity and confidentiality of collected and processed personal data: the Controller is committed to guarantee the integrity and confidentiality of the collected personal data.

In order to be lawful and to comply with Article 6 or European Regulation 2016/679, collection and processing will only occur if one of the following applies:

You have given your express consent;
Processing is necessary for the performance of a contract;
Processing is necessary for compliance with a legal obligation;
Processing is necessary in order to protect your vital interests or those of another physical person;
Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority;
Processing is necessary for the purposes of the legitimate interests pursued by the Controller or a third party.
Processing is necessary to provide you with requested Service(s).

14. (APPLICABLE TO EU RESIDENTS) DATA PROTECTION OFFICER PURSUANT TO EUROPEAN REGULATION 2016/679

The following person has been appointed as the Data Protection Officer (also referred to as DPO): George Farkas, 5764 Wolseley, Cote St-Luc, Quebec, Canada, H4W 2L7.

The purpose of the Data Protection Officer is to ensure the successful implementation of the applicable European legislative provisions relating to the collection and processing of personal data.

The Data Protection Officer may be reached as follows: by email at george@artskeeper.com

Kindly contact our GDPR Data Protection Officer to exercise any of your rights as to personal data and information.

We do not specifically target EU residents as users of our Service. While we do not maintain any office in the EU and we do not maintain an EU Data Representative in the EU, it is our understanding and belief that our operations fall under the exceptions to GDPR Article 27(2) such that we are not required to maintain an EU Data Representative at this time, until and unless our operations exceed the occasional processing of personal protected information of EU residents so as to constitute “large scale processing.” Similarly, the personal information we collect does not fall under any of the categories of “special data” as foreseen by GDPR Article 9(1).

15. (APPLICABLE TO EU RESIDENTS) ADDITIONAL RIGHTS PURSUANT TO EUROPEAN REGULATION 2016/679

In accordance with European regulation relating to the processing of personal data, you also have the rights listed below.

In order for the Controller to grant your request, you must provide your first and last name, your email address, and if relevant, your personal account or membership number.

The Controller must answer your request within a period of thirty (30) days.

a) Right of Access to Personal Data

You may have the right to request access to any personal information we hold about you as well as related information, including the purposes for processing the personal information, the recipients or categories of recipients with whom the personal information has been shared, where possible, the period for which the personal information will be stored, the source of the personal information, and the existence of any automated decision making.

b) Right to Request Correction

You may have the right to obtain without undue delay the rectification of any inaccurate personal information we hold about you.

c) Right to Deletion (Right to be Forgotten)

You may have the right to request that personal information held about you is deleted. (“Right to be Forgotten”) The data subject shall have the right to obtain from the us the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay when various grounds apply, however when a user violates any of our terms and conditions or privacy policy or perhaps share our material without permission, such user has no right to these protection clauses, for they have waived such right to us.

Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

• Debug to identify and repair errors that impair existing intended functionality;

• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;

• Comply with the California Electronic Communications Privacy Act;

• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

• Comply with an existing legal obligation; or

• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

d) Right to Restrict Processing

You may have the right to prevent or restrict processing of your personal information.

e) Right to portability of personal data

You have the right to request the portability of your personal data held by the Our Website to another site by following the procedure described below (to the extent it is technically feasible):

Send an email to controller at george@artskeeper.com

f) Right of not being the object of a decision based only on automated processing

In accordance with the provisions of the European Regulation 2016/679, you have the right of not being the subject of decision based solely on automated processing if the decision produces legal affecting concerning you or significantly affects you.

g) Right to submit a complaint to the competent authority

In the event that the Controller does not answer your request, you wish to challenge his or her decision or you believe one of your rights has been infringed upon, you have the right to submit a complaint to the competent authority.

16. SECURITY

Personal information we collect is stored in a secured environment. People working for us are obligated to respect the confidentiality of your personal information.

To ensure the security of your personal information, we use the following methods:

SSL (Security Sockets Layer) Protocol
Access management - person concerned
Digital certificate
Username/password

We are committed to maintaining a high degree of confidentiality by integrating the latest technological innovations that allow us to ensure the confidentiality of your transactions. Nevertheless, no mechanism can ensure complete security, and transmitting personal information on the Internet always contains an element of risk.

Therefore, while we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security. If applicable law imposes any non-disclaimable duty to protect your personal information, you agree that intentional misconduct will be the standards used to measure our compliance with that duty.

17. (APPLICABLE TO US RESIDENTS) PERSONAL DATA OF MINORS

Artskeeper Inc. complies with both the Children’s Online Privacy Protection Act of 1998 (COPPA) and, concerning EU data subjects, with the GDPR. We do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a minor under the age of 18, the consent of a legal representative is required in order for your personal data to be collected and processed.

If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us (via email to george@artskeepr.org). If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from Our servers. Please notify us if you have information that any individuals under the age of 13 using Our Website so that we can take such action to remove such information and prevent their access to Our Website.

This website does not solicit users, visitors or customers below the age of 18. By your continued use of the website and or affirmation that you meet the minimum age in any form submitted, you represent that you are 18 years of age or older, and hereby understand and acknowledge that we will rely on your representation of being 18 years or older.

We reserve the right to verify by any means that you are over 18 years of age. or that you have obtained the consent of a legal representative before using Our Website.

18. (APPLICABLE TO EU RESIDENTS) PERSONAL DATA OF MINORS UNDER EUROPEAN REGULATION 2016/679

In accordance with the provisions of Article 8 of Regulation 2016/679, only minors over 15 18 years of age may consent to the processing of their personal data.

If you are a minor under the age of 1518, the consent of a legal representative is required in order for your personal data to be collected and processed.

Our Website does not solicit users, visitors or customers below the age of 1518. By your continued use of Our Website and or affirmation that you meet the minimum age in any form submitted, you represent that you are 15 18 years of age or older, and hereby understand and acknowledge that we will rely on your representation of being 15 18 years or older.

We reserve the right to verify by any means that you are over 15 18 years of age or that you have obtained the consent of a legal representative before using Our Website.

19. HOW YOU CAN UPDATE OR CORRECT YOUR INFORMATION

The rights you have to request updates or corrections to the information Artskeeper.org Our Website collects depends on your relationship with the Our Website and Artskeeper.org., Inc. Customers, Visitors, and/or forum participants have the right to request the restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us (via the email greorge@artskeeper.org) in order to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you on our systems by cancelling your account. Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your information may exist in a non-erasable form that will be difficult or impossible for us to locate. Promptly after receiving your request, all personal information stored in databases we actively use, and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably and technically practicable.

Personnel, employees, staff, independent contractors and/or volunteers for our Services, we collect information you voluntarily provide to us. We use the information collected for Human Resources purposes in order to screen applicants.

You may contact us (via the email George@artskeeper.org) in order to (1) update or correct your information, (2) change your preferences with respect to communications and other information you receive from us, or (3) receive a record of the information we have relating to you.

Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion.

20. CHANGES TO OUR PRIVACY POLICY

Our Privacy Policy may be viewed at all times at the following address:

artskeeper.org/privacypolicy

We reserve the right to modify our Privacy Policy in order to guarantee its compliance with the applicable law.

You are therefore invited to regularly consult our Privacy Policy to be informed of the latest changes.

However, in the event of a substantial change to our Privacy Policy, we will notify you as follows:

By publishing notice on Our wWebsite

Then, if you continue to use the Service, you will be bound by the updated Privacy Policy.

21. ACCEPTANCE OF OUR PRIVACY POLICY

By your continued use of Our Website, you certify that you have read and understood this Privacy Policy and accept its conditions, more specifically conditions relating to the collection and processing of personal information, and the use of cookies.

If you do not want to agree to this or any updated Privacy Policy, you can delete your account and discontinue use of the Our Website, as your sole remedy.

22. APPLICABLE LAW

We are committed to ensuring compliance with all applicable legislation, including, but not limited to:

the Criminal Code (R.S.C., 1985, c. C-46);
Canada's anti-spam legislation (CASL);
the National Security Act, 2017 (S.C. 2019, c. 13);
the Communications Security Establishment Act (S.C. 2019, c. 13, s. 76);
the Security of Information Act (R.S.C., 1985, c. O-5);
the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) or Provincial counterparts in jurisdictions that have their own privacy laws ; and
General Data Protection Regulation, Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 for the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

**Need Governing Law and Choice of Law Provisions & Dispute Resolution

Here is a sample/example:

23. Complaints and Dispute Resolution

If you have any complaint or concern regarding your personal information under this Privacy Policy or arising under the Privacy Policy please contact us at ***Email***.George@Artskeeper.org. We suggest that you put in the subject line of any email or communication “Privacy Policy” or “Privacy Complaint.” We will respond within 30 days. If this does not resolve your concern, you have the right to escalate as follows. You can exercise the rights set forth in our Mediation and Arbitration clause herein.

24. Mediation and Arbitration

You also agree that, in the event any dispute or claim arising out of or relating to your use of the Site or this Privacy Policy that does not relate to your personal information, or relating to personal information that is not covered by the previous paragraph (ie. that has not been resolved by the informal procedure in the preceding paragraph), you and Artskeeper, Inc., will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Illinois with the American Arbitration Association, subject to their rules on Mediation, with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by Mediation, then you agree that to the maximum extent permitted by applicable law, you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

If you and Artskeeper, Inc. do not resolve any dispute regarding use of the Our Wwebsite or under this Privacy Policy by informal negotiation or mediation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

25. Governing Law

This Privacy Policy is governed by the laws of the State of Illinois without regard to its conflict of laws provision.

The laws of the State of Illinois, excluding its conflicts of law rules, shall govern this Agreement and your use of Our Website and shall be applied with respect to any Mediation or Arbitration under the preceding terms of this Privacy Policy. Your use of Ourthe website may also be subject to other local, state, national, or international laws.

By using Our Website or contacting us directly, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you should not engage with Oour website, or use our services. Continued use of Our Website, direct engagement with us, or following the posting of changes to this Privacy Policy that do not significantly affect the use or disclosure of your personal information will mean that you accept those changes.

26. CALIFORNIA RESIDENTS

Use of Our Website Artskeeper.org website is also subject to the CCPA, the California consumer privacy law enacted in 2018, which extends to California consumers (individuals) various rights with respect to their personal data/information. If you are a consumer based in California, the rights you have include:

Right to Disclosure

Right to request We to disclose to you: (a) the categories of personal information collected by us; (b) the categories of sources from which the personal information is collected; (c) the business or commercial purpose for collecting or selling personal information (but we don’t sell personal information); (d) the categories of third parties with whom we share personal information; (e) the specific pieces of personal information we have collected about you, the consumer—in all cases upon a consumer request by Email or by postal mail.
If we receive a consumer request by email to access their personal information, we will promptly take steps to disclose and deliver, free of charge, the personal information required by law, which may be delivered by mail or electronically. If delivered electronically, the information shall be in a portable, and if technically feasible, readily usable format permitting transfer by the consumer. We are not required to respond to your such consumer requests more than twice in a 12-month period. You can make such a consumer request only by email or postal mail to the addresses set forth at the end of this document. We are required to disclose and deliver the required information to you free of charge within 45 days of receiving an email request. The 45-day time period can be extended once by an additional 45 days when reasonably necessary, provided we give you notice during the first 45-day period. The disclosure will cover the 12-month period preceding our receipt of your email request. The disclosure must be in writing and delivered by mail or electronically at your option, in a readily usable format that facilitates onward transfer of the information by you.
We need not retain any personal information collected for a single, one-time transaction if we do not sell or retain the information nor use it to reidentify or link data maintained as your personal information.
We are required to disclose at or before the point of collection of personal information: (a) the categories of personal information to be collected, and (b) the purposes for which such categories will be used, and we believe that this Policy achieves those goals. Additional categories of personal information may not be collected or used without providing you with notice.

Our Privacy Policy (see above) addresses all the foregoing disclosures required under the CCPA, and our contact information for any such consumer requests under CCPA is as follows.

Contact Information

Artskeeper, Inc.,

c/o George Farkas, (george@artskeeper.org)

5764 Wolseley

Cote St-Luc

Quebec, Canada, H4W 2L7