PRIVACY
NOTICE

 

 

This privacy notice (the “Privacy Notice“) sets out how Acute Art processes your personal data when you use our website and app.  Personal data is information about individuals or information from which individuals can be identified (personal data). We encourage and recommend that you read it in full. This is a brief overview of how and why we process your personal data.

We aim to only process your personal data if it is necessary and we will always keep your personal data secure. If you have any questions regarding this Privacy Notice or our privacy practices, please contact us by email via CustomerSupport@acuteart.com or by completing the online form here.

 

Who is Acute Art?

Acute Art collaborates with the world’s most compelling artists, providing access to cutting-edge technologies that allow them to translate their creative vision into new digital mediums – including virtual, augmented and mixed realities (“Digital Assets”). Our company registration number is 10384640 and our usual place of business is at Somerset House, London, WC2R 1LA. 

Acute Art will be the controller of your personal data. “Controller” is a legal term which means that we are responsible for determining the purpose for which your personal data is used, as well as being responsible for keeping it secure. 

As a controller we have registered with the Information Commissioner’s Office in the UK and our registration number is ZA302288.   

     

How Acute Art updates this Privacy Notice:

This Privacy Notice was last updated on the date stated at the end of the document.  From time-to-time we may make amendments to this Privacy Notice and when we do so we will update the date at the end of this document. If we make any material changes to this Privacy Notice we’ll endeavour to make you aware of them, but we also suggest that you check this Privacy Notice frequently.

 

How do we collect personal data?

We collect personal data from you in three ways:

  1. We collect personal data directly from you when you provide it to us when signing up to our services;
  2. We collect your data from the app which sends us certain personal data about your use of the app and your location;
  3. We also collect some personal data about you from third parties, but this is only in respect of our payment processors (such as Stripe, Alipay and PayPal) so that we can verify your payment details without having to store your card or payment details.

 

What personal data do we collect?

We collect the following personal data when you use our website and app:

 

Type of personal data

Method of collection

Full name

Directly from you

Email address

Directly from you

Password

Directly from you

Credit card details

Third party systems

Order ID

Autogenerated

Billing address

Directly from you

Phone numbers

Directly from you

IP address

Third party system

Location of device on which Digital Assets are stored

Third party systems

Device model and operating system

Directly from you

Device ID

Directly from you

 

The purposes for which we collect this personal data are set out in the next section. 

 

How does Acute Art use your personal data?

In accordance with data protection laws, we will only process your personal data if we have a lawful basis for doing so. In respect of your personal data, these bases are: (i) if it is necessary to provide services to you for the performance of the contract we have with you; (ii) if you have given your consent; and (iii) if it is in our legitimate interests to process your personal data, provided that our interests do not prejudice your own rights, freedoms and interests. 

The following is a list of the purposes for which Acute Art processes your personal data, and the lawful basis on which we carry out such processing:

 

Purpose

Lawful Basis

To set-up, administer and manage your account with us

Necessary for the performance of a contract

To complete security checks

Consent

To take payment from you, fulfill orders (including with regards to the purchase, sale and renting of Digital Assets) and to produce invoices for you

Necessary for the performance of a contract

To make Digital Assets available to you

Consent

To enable you to share videos and images of Digital Assets on social media

Consent

To track the location of any Digital Assets you own or otherwise have access to, including through a renting arrangement

Necessary for the performance of a contract

To send you marketing emails regarding news and events which may be of interest to you, including upcoming product launches or new Digital Assets

Consent

To seek your views on our products through a survey

Consent

We may also use your email to deliver personalised advertising messages to you and others like you via the social media platforms that you use

Consent

To respond to communications, including customer support queries

Consent

To prepare and analyse statistics relating to the use of our website, app and services by you and other customers

Legitimate interests so that we can ensure our services, website and app are as enjoyable as possible

To conduct market research

Legitimate interests so that we can better understand the services that our customers most enjoy

To send you service messages and updates about our app, website and services

Necessary for the performance of a contract

To administer and protect our business and the app including troubleshooting, data analysis and system testing

Legitimate interests for running our business, provision of administration and IT services, including network security

To record and analyse customer communications for training purposes

Legitimate interests to improve our customer service

To consider any job applications we may receive

Consent

 

We may also process your personal data (a) where we need to in order to comply with a legal obligation we have; and (b) for additional purposes in the future but only if such purposes are compatible with those listed above and if we believe that the same lawful basis applies.

We also collect cookies. More information on how we use cookies can be found here.

 

When does Acute Art disclose your personal data?

Your personal data may be accessed by our staff and service providers if necessary.  In such circumstances, those processing your personal data shall only do so on our behalf and in accordance with our instructions and this Privacy Notice. 

When working with third party suppliers or contractors (known as processors), we ensure that their access to your personal data is always limited to exactly what is necessary for the task being completed, and revoked when the contract ends. Additionally, we ensure that we have contractual obligations from the third party or contractor that requires them to keep your personal data secure and to never use it for purposes other than as directed by Acute Art. 

We may disclose your personal data to the following parties and in the following circumstances:

  • Stripe, Alipay, PayPal so that we can verify your payment details without having to store your card or payment details;
  • Microsoft Azure to facilitate cloud storage and infrastructure;
  • MailChimp to facilitate marketing activities and collect mailing lists;
  • Law enforcement agencies in order to assist with investigations (but only if we are satisfied that the request is legitimate, and a disclosure proportionate).
  • Purchasers or investors of Acute Art in order to allow them to conduct due diligence;
  • Where we are required to defend ourselves legally;
  • Where we bring a claim and it is necessary to disclose personal data as part of that claim;
  • Our professional advisors.

 

We will not share your personal data with third parties for marketing purposes without your consent.

 

Does Acute Art make any decisions about you exclusively by automated means?

Your personal data may be processed exclusively by automated means to make available Digital Assets you have purchased or rented, and for producing relevant invoices. For example, when you buy or rent a Digital Asset, your payment is processed by a third party so that the payment can be made and an invoice can be generated. After the payment has gone through, a unique digital bundle is generated consisting of the Digital Asset and your relevant personal data (email, name, surname, device ID). This process is fully automated and is necessary to ensure the asset is unique, secure and can be used by the correct user.  

 

 

Does Acute Art send your personal data out of the EEA?

Your personal data will be transferred outside of the European Economic Area, including within, but not limited to, the course of our use of Microsoft Azure and Alipay, for the purposes described above. Where we transfer your personal data outside of the European Economic Area or through third parties, we will put in place or collaborate with third parties that have adequate measures to ensure that your personal data is kept secure (and such adequate measures shall include: (i) transferring to a jurisdiction which the European Commission recognises as providing adequate protection for the rights and freedoms of data subjects in connection with the processing of their personal data; and (ii) transfers pursuant to standard contractual clauses in accordance with European Commission decisions on transferring personal data).

 

How does Acute Art keep your personal data secure?

All personal data you provide to us is stored on our secure servers. Any payment transactions will be carried out by our chosen third-party provider of payment processing services and will be encrypted using appropriate, market-leading encryption technology. This means that when the personal data is transmitted over the internet, it is done so securely and with minimal risk of compromise. When you are on a secure page, you will see the lock and “Secure” icons appear in the URL bar at the top of the page in your browser.

We endeavour to keep your personal data as secure as possible. We do this through carefully selecting only those third party systems and providers with excellent reputations for security management.

You are responsible for keeping your password confidential. We ask you not to share your password with anyone.

Once we have received your personal data, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.  We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

 

How long does Acute Art keep your personal data?

We will retain your personal data for the period necessary for us to provide you with our services and to comply with our legal obligations. If you retain an account with us then we will retain your personal data for as long as this account is retained. Once your account is closed, we will aim to delete your personal data within 90 days but we may need to retain some personal data if there are ongoing matters, such as disputes.

 

Our marketing databases are managed separately and we will only send marketing to you for so long as we believe is appropriate. You can always unsubscribe from marketing at any time. Please be aware that if you do unsubscribe we will not simply delete your personal data, but will keep a record of your unsubscribe request so that you do not receive future communications. 

 

We will retain your personal data for the following periods and purposes:

 

Purpose

Retention period

Digital Asset creation and management

user data 90 days, transferring data (number of transfers) still available within the artwork lifetime.

User profile creation

90 days

Geolocation for London, New York, Paris, Tokyo, Sao Paulo, Melbourne, Tanzania, Taipei, Seoul, Doha, Hong Kong

90 days, extended if the sculpture stills placed at the same location.

Emails for marketing

until opt out option

Payment logs for the processing of orders

depending on payment provider (Stripe, Google Play or Apple Store)

 

 

Your communications preferences:

We would love to stay in touch with you, but we completely understand if you do not want to receive communications from us via email. You are able to select your choices for communication when you sign up to our mailing list or purchase a product from us. We will never contact you via a channel you have not given consent to. Additionally, we always offer an unsubscribe option at the bottom of every email you receive from us and you’re welcome to use it to change your email preferences.

 

Your Rights:

You have the following rights in relation to your personal data. To exercise these rights please contact us by emailing us at CustomerSupport@acuteart.com. To ensure the security of your personal data, we may ask you for valid proof of identity and once we’ve received it, we will provide our response within one month. If your request is unusually complex and likely to take longer than a month, we will let you know as soon as we can and tell you how long we think it will take. If we deem your request to be manifestly unfounded or excessive, we may require an administration charge or may refuse the request altogether.

 

Please note that the rights you have in relation to your personal data, which are listed below, are not absolute and there may be circumstances where we are unable to comply with your request (whether in whole or in part).

 

Access:

You are entitled to confirmation that we process your personal data and a copy of such personal data. 

 

Rectification:

If you believe the personal data we hold on you is incorrect, you have the right for this to be rectified. You may also update your personal data through your account settings.

 

Erasure:

You can request that we erase your personal data where there is no compelling reason to continue processing.

 

Restriction:

You may request a restriction on our processing of your personal data.  This will only apply where we have no lawful basis to process your personal data, your personal data is inaccurate, or to comply with an objection request (see below).

 

Objection:

You may object to our processing of your personal data where our processing is carried out in accordance with the legitimate interests lawful basis. Please note, however, that should we determine that our interests are so compelling as to override your objection, we may continue to process your personal data. 

 

You may also object to receiving direct marketing at any time. 

 

Portability: 

You have the right to receive some of your personal data in machine readable format.  This right extends to you being able to request that such data is sent to a third party controller.

 

Withdraw Consent:

Where the lawful basis we rely on to process your personal data is consent, you have the right to withdraw this consent. 

 

Your right to complain to a supervisory authority:

Further information about your rights can also be obtained from your national data protection regulator – in the UK, this is the Information Commissioner’s Office (https://ico.org.uk/).  If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with your national data protection supervisory authority, although we would ask that you contact us in the first instance. 

 

Your right to be informed:

This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions you may have about our use of your personal data.

 

Acute Art customers under 16 years of age:

If you are under 16 but are interested in Acute Art products or emails, please seek the permission of a parent or guardian before you sign up to our newsletter or purchase a product from our website.

 

Third Parties:

Except as otherwise expressly included in this Privacy Notice, this document addresses only the use and disclosure of personal data we collect from you. If you link to a third party website from our website or app then you should ensure that you read that third party’s privacy notice. 

 

Changes to this Privacy Notice:

We keep this Privacy Notice under regular review. This Privacy Notice was last updated on March 12th 2020.