Last updated: January 1, 2020
WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address, and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our gallery, new exhibitions, and other updates.
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at firstname.lastname@example.org
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Our gallery website is hosted on BigCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through BigCommerce's data storage, databases, and the general BigCommerce application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then BigCommerce stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read BigCommerce's Terms of Service here or Privacy Statement here.
In general, the third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by them.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links in our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
BoxHeart Gallery ("BoxHeart Gallery" or "We"). We believe it is essential that all BoxHeart Gallery users respect the copyright and other intellectual property rights of others. Whether an artist, a customer, or even if you're just browsing, please respect the intellectual property rights of all the works you see or buy on BoxHeart Gallery.
CONTENT, COPYRIGHT, & INTELLECTUAL PROPERTY POLICIES
You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through the BoxHeart Gallery Services ("Content"), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights.
BoxHeart Gallery does not prescreen Content or Products and is not responsible for examining or evaluating any Content or Products offered through the BoxHeart Gallery Services, including without limitation, their accuracy, usefulness, or safety, or for determining whether the party offering the Content or Products for sale has obtained all required rights to do so. Without limitation of the foregoing, while we try to offer reliable data, we cannot promise that the Content on the Site will always be accurate and up-to-date. You further understand and acknowledge that you may be exposed to Content that is offensive, indecent, or objectionable and that we may not be able to confirm the identity of other registered users or prevent them from acting under false pretenses or in a manner that infringes the rights of any person. YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST BoxHeart Gallery WITH RESPECT TO ANY ACTIVITIES, CONTENT, PRODUCTS, ACTIONS, OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE BoxHeart Gallery SERVICES, INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY OF THE BoxHeart Gallery SERVICES’ USERS.
Copyright under the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA") or Infringements of Other Intellectual Property Rights:
BoxHeart Gallery has a zero tolerance policy for infringement of copyrights and other intellectual property rights.
You agree that you shall not, and shall not instruct, permit, allow, or induce any person, directly or indirectly:
- post Content or Products in an inappropriate category or areas of the BoxHeart Gallery Services;
- fail to deliver payment, services or Product for collaborations posted by you unless a clear typographical error is made or you cannot authenticate the recipient's identity;
- interfere with another BoxHeart Gallery user's Content or Products;
- circumvent or manipulate our fee structure, the billing process, or fees owed to BoxHeart Gallery;
- take any action that may undermine any ratings system that BoxHeart Gallery may use;
- transfer your BoxHeart Gallery account and user identification to another party without our prior written consent;
- distribute viruses or any other technologies that may harm BoxHeart Gallery or the interests or property of BoxHeart Gallery users;
- use, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer (i) any portion of the BoxHeart Gallery Services or Content made available through the BoxHeart Gallery Website other than your own Content, without the owner’s express written permission; or (ii) any BoxHeart Gallery copyrights or trademarks;
- remove any copyright, trademark or other proprietary rights notices contained in or on the BoxHeart Gallery Website or any Content;
- harvest or otherwise collect information about other users of the BoxHeart Gallery Website, including email addresses, without their consent;
- impersonate any person or entity, including, but not limited to, a BoxHeart Gallery official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- frame, mirror, or otherwise simulate the appearance or function of the BoxHeart Gallery Website or any other person’s Content or forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available through the BoxHeart Gallery Website any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available through the BoxHeart Gallery Website any material that contains adware, malware, spyware , software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- "stalk" or harass or harm another person.
The Site is controlled and offered by BoxHeart Gallery from its facilities in the United States of America and data related to the BoxHeart Gallery Website is hosted in the United States. If you access or use the BoxHeart Gallery Services from other jurisdictions, you do so at your own risk. You are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of the BoxHeart Gallery Services, you are not permitted to use them.
REGISTRATION AND ACCOUNT INFORMATION
In order to make available Content or Products through the BoxHeart Gallery Services, whether for sale or not, you must create a BoxHeart Gallery account. When creating a user account, you must provide accurate, complete and updated registration information. You may not select a user name that is vulgar, offensive, obscene, or attempts to impersonate another person. You may never use another person's BoxHeart Gallery account without permission from that user. You are solely responsible for all the activity that occurs through your account, including the activities of others and regardless of whether such activities are authorized, and for keeping your account password secure. You agree to notify BoxHeart Gallery immediately of any breach of security or unauthorized use of your account. Although BoxHeart Gallery will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BoxHeart Gallery or others due to such unauthorized use. We reserve the right to require you to alter your password if we believe your password is no longer secure. BoxHeart Gallery reserves the right to refuse to provide you with an account or cancel your account in its sole discretion.
You acknowledge and agree that BoxHeartGallery may access, retain and disclose your account information and your Content if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of BoxHeart Gallery, its users or the public.
DISCLAIMER OF WARRANTIES AND LIABILITY
THE BoxHeart Gallery SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITH ALL FAULTS. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OR THAT THE BoxHeart Gallery SERVICES WILL BE ERROR FREE OR THAT ALL TRANSACTIONS WILL BE COMPLETED, THE OPERATION OF THE BoxHeart Gallery SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE BoxHeart Gallery SERVICES.
WE ARE NOT AND SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF MONEY OR PROFITS, GOODWILL, DATA, CONTENT OR REPUTATION, OR ANY PROPERTY DAMAGE OR PERSONAL INJURY WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE BoxHeart Gallery SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST US ARISING OUT OF YOUR USE OF THE BoxHeart Gallery SERVICES.
REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (I) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (II) $10.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE SCOPE AND DURATION OF OUR WARRANTIES AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trademark to us and must comply with our guidelines regarding the use of our trademarks. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including the BoxHeart Gallery Services).
The BoxHeartGallery Services may contain links to other websites that are not owned or controlled by us ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. We do not screen Linked Websites and are not responsible for the content, security, operation, or use of any Linked Websites or the products or services that may be offered or obtained through them. Further, We are not responsible for the content or privacy practices associated with Linked Websites and it is your responsibility to review those policies before accessing those sites. If you access a Linked Website, you do so at your own risk.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we may explicitly stipulate to the contrary on the BoxHeart Gallery Services. You expressly relieve us from any and all loss, damages or other liabilities you incur as a result of your use of any Linked Website.
ACCESS AND INTERFERENCE
Much of the information available through the BoxHeart Gallery Services is updated on a real-time basis and is proprietary or is licensed to BoxHeart Gallery by our users or third parties. All intellectual property rights in the BoxHeart Gallery Services (including without limitation, the software and systems underlying the BoxHeart Gallery Service, and all text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us and we reserve all rights in them. You agree that you will not use any robot, spider, scraper or other automated means to access the BoxHeart Gallery Services for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of the BoxHeart Gallery Services or any activities conducted through them; or
- bypass any measures we may use to prevent or restrict access to the Toi Gallery Services; or
- decompile, disassemble, or otherwise reverse engineer the BoxHeart Gallery Services or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the BoxHeart Gallery
TERMINATION OF ACCOUNT
BoxHeart Gallery may suspend or terminate your access to all or any part of the BoxHeart Gallery Services or your account at any time, with or without cause, with or without notice, effective immediately. Without limitation of the foregoing, BoxHeart Gallery may terminate your access to the BoxHeart Gallery Services if you are determined to be, in BoxHeart Gallery 's sole discretion, a repeat infringer of these Terms. BoxHeart Gallery may, but shall not be obligated to, give you one warning if you have violated these Terms prior to terminating your account.
You may terminate these Terms at any time by terminating your use of the BoxHeart Gallery Services.
MODIFICATIONS TO THE BoxHeart Gallery SERVICES AND TERMS
BoxHeart Gallery reserves the right to monitor, modify or discontinue the BoxHeart Gallery Services, and to block, modify, publicly comment on, or delete any Content submitted to the BoxHeart Gallery Services by any party, at any time without notice in its sole discretion; provided however, that BoxHeart Gallery has no obligation to update, store, maintain or correct any information or Content on the BoxHeart Gallery Services.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.