GALLERYPLATFORM.LA

** GALLERYPLATFORM.LA PRIVACY POLICY** Gallery Association Los Angeles located at 300 South Grand Avenue, Suite 4100, Los Angeles, CA 90071-3151, its parents, subsidiaries, affiliates, licensees, and assigns (collectively, “**GALA**”) 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 GALA collects and uses information from its website located at (link: https://galleryplatform.la/ text: https://galleryplatform.la/) (the “**Site**”). The Site’s Terms of Service (the “**Terms**”) incorporate the Terms of this Privacy Policy therein. Capitalized terms not defined herein shall have the meaning ascribed to them in the Terms. **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. ** **(tab: 1.)Linked Sites and Service Providers: ** (tab: empty)(tab: a.)This Privacy Policy does not address, and GALA 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, Vultr Holdings Company, 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 GALA’s ability to provide certain products and services to you through, the Site as further detailed herein (each, a “**Service Provider**”). GALA 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 GALA’s endorsement of, or affiliation with, the Linked Site. (tab: empty)(tab: b.)TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE GALA AND EACH OF THE OTHER GALA PARTIES (DEFINED BELOW) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO THE DATA COLLECTION, STORAGE, USE, AND SHARING OF YOUR OR ANY THIRD PARTY’S PERSONAL INFORMATION OR ANONYMOUS INFORMATION BY ANY SERVICE PROVIDER. YOU AGREE, UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS IN PERPETUITY. (tab: empty)(tab: c.)The Site is controlled and operated from the United States; accordingly, this Privacy Policy, and GALA’s collection, use and disclosure of your Personal Information is governed by U.S. law, and the Site is not intended to subject GALA to the laws or jurisdiction of any state, country or territory other than that of the United States. **(tab: 2.)Information GALA Collects:** When you use the Site, GALA may collect and use Personal Information about you, as well as Anonymous Information. “Personal Information” 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” aggregated information (information about GALA’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, GALA may collect the following information: (tab: empty)(tab: 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. (tab: empty)(tab: b.)Information that you provide directly to GALA 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 GALA’s newsletter or a Gallery Account. (tab: empty)(tab: c.)Information provided to GALA when you communicate with GALA for any reason, including information you provide in emails you send GALA, or submissions you may make. (tab: empty)(tab: d.) GALA 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 (link: www.networkadvertising.org text: www.networkadvertising.org) or the Digital Advertising Alliance at (link: www.aboutads.info text: www.aboutads.info). **(tab: 3.) Cookie Policy: ** (tab: empty)(tab: a.)A “cookie” is a small computer file that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. 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. (tab: empty)(tab: 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. (tab: empty)(tab: c.)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. GALA 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. (tab: empty)(tab: d.)If you use any location-enabled products or services, you may be sending GALA location information (e.g. IP address). When you use a location-enabled service, GALA may collect and process information about your precise geographical location, such as GPS signals sent by a mobile device. GALA 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, GALA may not be able to provide you with the applicable personalized services and content. (tab: empty)(tab: e.)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. GALA recommends that you review the privacy policies of each of these websites, apps, or services before connecting your accounts or sharing any Personal Information. **(tab: 4.)How GALA Uses Your Information:** GALA uses the Personal Information it collects from you primarily to enable GALA 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: (tab: empty)(tab: a.)You may use GALA’s Site and Services to communicate with and receive information about Galleries, and, with your consent, GALA may share your Personal Information with such Galleries; (tab: empty)(tab: b.)To provide you, including via your email address, with information relating to GALA’s Site and Services and those of its Galleries, partners, and affiliates, including, without limitation, information related to exhibitions, Galleries, featured artists, and upcoming events; (tab: empty)(tab: c.)To respond to your inquiries and fulfill your requests (e.g., send newsletters or provide you with information about the Site); (tab: empty)(tab: d.)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 GALA use and disclose your Personal Information, so GALA suggests you read these rules carefully; in the event of a conflict between such rules and this Privacy Policy, such rules will govern; (tab: empty)(tab: e.)To provide, improve, test, monitor, and develop the Site, including, without limitation, to provide you access to the Site, and identify usage trends; (tab: empty)(tab: f.)To develop, diagnose, fix, and test Services; (tab: empty)(tab: g.)To provide you with updates regarding GALA’s Site and Services; (tab: empty)(tab: h.)To administer the Site, including by monitoring and analyzing the Site traffic and usage patterns; and (tab: empty)(tab: i.)As GALA 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 GALA’s operations; (vi) to protect GALA’s rights, privacy, safety or property, or that of you or others; or (vii) to allow GALA to pursue available remedies or limit the damages that GALA may sustain. **(tab: 5.)How GALA Discloses Your Personal Information:** GALA does not sell or rent Personal Information collected through the Site to anyone. GALA may disclose your Personal Information or Anonymous Information to third parties as follows: (tab: empty)(tab: a.)With your consent for those purposes to which you have agreed, including for such purposes outlined herein; (tab: empty)(tab: b.)To its Service Providers as necessary for them to perform tasks on GALA’s behalf, including, without limitation, hosting, data analysis, email delivery, and other similar tasks; (tab: empty)(tab: 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 GALA’s operations; (vi) to protect GALA’s rights, privacy, safety or property, or that of you or others; or (vii) to allow GALA to pursue available remedies or limit the damages that GALA may sustain; (tab: empty)(tab: d.)As part of a sale, merger or change in control of GALA, or in preparation for any of these events. Any other entity that buys GALA or part of its business will have the right to continue to use your data as set out in this Privacy Policy unless you agree otherwise. **(tab: 6.)Security:** GALA 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 GALA employees with a need to access certain Personal Information shall have such access. However, no data protection procedures are entirely infallible. As a result, while GALA strives to protect your Personal Information, GALA cannot guarantee that it will be 100% secure. Your transmission of your data to the Site is done entirely at your own risk. **(tab: 7.)International Visitors and the Privacy Shield:** 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. **(tab: 8.)International Visitors and the Privacy Shield:** **(tab: empty)(tab: a.)Review and Collection of Your Personal Information:** You may review and edit the Personal Information GALA collected about you at any time by contacting GALA 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. **(tab: empty)(tab: b.)Opting Out:** You may opt out of certain collection practices, including, without limitation, in accordance with the following: (tab: empty)(tab: empty)(tab: i.)To opt out of receiving GALA’s newsletter, you may follow the instructions set forth in the applicable email(s); (tab: empty)(tab: empty)(tab: ii.)To opt out of Google Analytics, you may install the Google Analytics Opt-Out Browser found at (link: https://tools.google.com/dlpage/gaoptout text: 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 (link: https://adssettings.google.com/authenticated text: https://adssettings.google.com/authenticated); (tab: empty)(tab: empty)(tab: iii.)Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to sites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, GALA currently does not alter its practices when GALA receives a “Do Not Track” signal from a visitor’s browser. To learn more about cookies and any "Do Not Track" features, please visit (link: http://www.allaboutcookies.org/ text: http://www.allaboutcookies.org/) and (link: http://www.allaboutdnt.com text: 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; (tab: empty)(tab: empty)(tab: iv.)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. GALA 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. (tab: empty)(tab: empty)(tab: v.)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 (link: http://optout.networkadvertising.org/?c=1 text: http://optout.networkadvertising.org/?c=1), the Digital Advertising Alliance’s opt-out page found at (link: http://optout.aboutads.info/?c=2&lang=EN text: http://optout.aboutads.info/?c=2&lang=EN), or EDAA’s Your Online Choices page found at (link: http://www.youronlinechoices.com text: http://www.youronlinechoices.com)/. **(tab: empty)(tab: c.)California Privacy Rights:** California law allows California residents to ask companies with whom they have an established business relationship to provide certain information about the companies’ sharing of Personal Information with third parties for direct marketing purposes. GALA does not share any California consumer Personal Information with third parties for marketing purposes without consent. California users who wish to request further information about GALA’s compliance with this law or have questions or concerns about GALA’s privacy practices may contact GALA using the contact information set forth below. **(tab: empty)(tab: d.)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 GALA has collected about you. You also have the right to data portability and the right to restrict or object to GALA’s processing of personal data it has collected about you. You may withdraw your consent at any time for any data processing GALA does based on consent you have provided to it. To exercise any of these rights, contact GALA as set forth in the section “Contact Us” below and specify which right you intend to exercise. GALA will respond to your request within 30 days. GALA may require additional information from you to allow GALA to confirm your identity. Please note that GALA 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 GALA’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, GALA will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws. If you have any issues with GALA’s compliance, you have the right to lodge a complaint with an EEA supervisory authority. **(tab: 9.)Updates:** GALA may update the Privacy Policy from time to time, so please review it regularly. If GALA materially change the Privacy Policy, GALA 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 GALA that you do not want your information used in accordance with the changes. **Contacting Us:** GALA welcomes any questions, comments, or complaints you may have regarding this Privacy Policy. Please do not hesitate to contact GALA by email at info@galleryplatform.la by writing to: c/o Thaddeus Stauber, Esq. Nixon Peabody LLP, 300 South Grand Avenue, Suite 4100, Los Angeles, CA 90071-3151.