GALLERIE USER PRIVACY POLICY

This notice describes how information about you may be used and disclosed in connection with your use of our web portal. Please review it carefully. This User Privacy Policy incorporates and is subject to the Terms & Conditions of this Website. Please review the Terms & Conditions as it contains important information relevant to this User Privacy Policy.

COLLECTION OF INFORMATION

We may collect the following types of information in connection with your Gallerie, LLC (“Gallerie”) account and services, including without limitation use of this web portal (the “Website”):

  • Your name, email address, contact information, date of birth, and phone number(s). • Data about your browsing device, including your device ID, IP address, cookies, web beacons, browser type, operating system, cross-device matching data, and similar data, including without limitation metadata or data used for analytics purposes • Information about when your Gallerie account was registered, modified or terminated, and dates/times of logins and logouts.
  • Any permissions and authorizations you have provided related to your Gallerie account including without limitation the identity of and other information concerning other individuals to whom you have given access to your account.
  • Information about and related to any services or third-party platforms you use or access through your Gallerie account, including frequency of access, types of use, features or functionality used, client accounts accessed, etc.
  • Security-related information, such as your credentials which include but are not limited to username and password, number of failed login attempts, timeouts, past passwords, security questions for identity or account validation, number and frequency of username or password resets, permissions and authorizations for our services and those of third-party platforms, and geolocational information.

In addition, we may collect other information as permitted under applicable law.
We may also share information regarding your Gallerie account and services as follows:

  • Within Gallerie, including with employees, contractors, agents, and service providers, and with other third parties we use to support our business or services and who are bound by contractual obligation to keep the information confidential and use it only for the purposes for which we disclose it to them;
  • To protect our rights and property and the rights and property of our clients and others, including enforcing agreements, policies, and terms of use;
  • To comply with applicable laws and regulations;
  • To respond to lawful requests, regulatory inquiries, investigations, and legal processes;
  • To protect the safety of any person;
  • With third parties other than as set out above and only with your consent;
  • In connection with, or during the consideration, negotiation, or consummation of any merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.

In addition, we may share information as permitted under applicable law.

COOKIES

Like many other websites, we use cookies on this Site. A cookie is a small removable data file that is stored by the web browser on your computer that identifies your computer and browser when you visit the Website.

We use cookies to authenticate users, block malicious use of login credentials, and shield unauthorized access to Gallerie properties and services. We also developed and use cookies to collect information about the Website and our services in order to understand and improve our services and the manner in which they are provided. These cookies also help us learn how well Gallerie and our services operate across different locations and identify any issues in the operation and provision of our services. We do not use cookies to collect personal Information but rather to improve the quality of this Website.

Most web browsers are initially set up to accept cookies. You have the option to reset your web browser to refuse all cookies or to indicate when a cookie is being sent. Please note, however, that certain features of the Website may not function if you delete or disable cookies.

THIS SITE'S COOKIES DO NOT AND CANNOT INFILTRATE A VISITOR´S HARD DRIVE TO COLLECT ANY INFORMATION STORED ON THE HARD DRIVE.

THIRD PARTY ADVERTISING COOKIES

Gallerie may from time to time promote products or services through third party websites. Some of these third parties generate their own cookies in order to track how many visitors to this Website have seen their advertisement and to record how many people have seen it more than once.

Third party advertising cookies can be used for statistical purposes, for example, in providing you with future advertising that is more relevant to your interests. These cookies assist us in measuring and understanding how our products are used and how they can be optimized. We may also receive other analytics information from these third parties. We have no control over third party advertising cookies, but assure you that they cannot be used to identify an individual visitor. The only data that will be collected by these cookies is that the visitor has arrived on the third party´s site having previously visited the Gallerie Website.

OPTING OUT OF COOKIES

Most internet browsers accept cookies by default. You can block cookies by activating the setting on your browser that allows you to reject all or some cookies. The help and support area on your internet browser should have instructions on how to block or delete cookies. Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or to alert you to when a cookie is placed on your computer, tablet or mobile device. Your Gallerie account also may not recognize if your browser sends a "do not track" signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads.

You have an option to opt out by turning off the cookie acceptance function on your computing device.

For more information, visit the help page for your web browser.

DATA RETENTION

To the extent permitted by applicable law and any applicable client agreements, we may retain your information for as long as needed to comply with our legal obligations (which obligations include those to you, our clients, or to any third parties including regulatory and related authorities), to resolve disputes, to enforce our legal rights, policies, terms and agreements, for analytic purposes, for security purposes, or for as long as is reasonably necessary for other lawful purposes.

SECURITY OF INFORMATION

Security is of the utmost importance to Gallerie. Gallerie uses technical and physical safeguards to protect the security of your information from unauthorized disclosure. However, security cannot be guaranteed against all threats.

You may not assign or transfer your Gallerie account or share your Gallerie login, password, or any other credentials with any other person without our consent. Please notify us immediately if you believe the security of your Gallerie account may have been compromised.

NOTICE REGARDING CHILDREN AND MINORS

Gallerie recognizes the importance of protecting the privacy and safety of children. Gallerie accounts are not intended for users under the age of eighteen (18) years old, and such users are not authorized to have Gallerie accounts. If you believe we have collected data from a user under eighteen (18) years old without the consent of their parent or legal guardian, please let us know immediately by contacting us as indicated below and provide sufficient information so we can act appropriately on your request.

TELEPHONE CONSUMER PROTECTION ACT (TCPA) NOTICE

In connection with your Gallerie account, we may need to send business, informational, support and security related messages (whether texts, alerts or calls) to all telephone numbers, including cellular numbers or mobile devices, you choose to provide on your Gallerie account. You agree such texts or calls may be pre-recorded messages or placed with an automatic telephone dialing system. In addition, you agree that Gallerie may send service or account related text messages to cellular phone numbers you provide to ROM Tech, and you agree to accept and pay all carrier message and data rates that apply to such text messages. If you choose to provide an e-mail or other electronic address on your Gallerie account, you acknowledge and consent to receive business and informational messages relating to your Gallerie account at the address, and you represent and warrant that such address is your correct address and is not accessible or viewable by any other person.

Privacy Notice for Individuals in the European Union (EU)

The Company complies with the General Data Protection Regulation (“GDPR”), which protects the personal data and privacy of individuals in the EU and all other applicable privacy laws. In accordance with the GDPR, the Company has designated ___________________ as the “Data Protection Officer” who also serves as Chief Information Security Officer. In instances where the GDPR is applicable, the Company, in addition to the rights enumerated in Chapter 3 of the GDPR, specifically extends the following rights to students, employees, and members of the public in the EU, the right: of access by the data subject; to rectification; to erasure; to restriction of processing; to data portability; to object; and, to lodge a complaint with a supervisory authority.

DISPUTES

Unless otherwise required by applicable law, or otherwise specified in other Gallerie terms applicable to the specific Services you are accessing or using through your Gallerie account (and then only to the extent that the dispute relates solely to such specific Services), you agree that all provisions regarding disputes set forth in our terms of use also apply to any disputes related to this Gallerie User Privacy Policy, including without limitation, choice of law, forum, service of process, mediation or arbitration, waiver of rights to trial by jury and agreement not to assert any claims in a consolidated or class action.

Changes to the Terms of this Notice

We reserve the right to change and/or update the terms of this notice at any time and without advance notice to you, and all such changes will apply to all information we have about you and we will update our website promptly upon any such changes or updates.

CONTACT

If you have any questions about this Gallerie User Privacy Policy or any other aspects of your privacy rights with respect to Gallerie, please contact us at info@gallerie.art

CALIFORNIA PRIVACY RIGHTS NOTICE

This Privacy Notice for California Residents supplements the information contained in the above included Gallerie User Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication ("B2B personal information") from some its requirements.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information
  • Information excluded from the CCPA's scope

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category
Examples
Collected
A. Identifiers.
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
YES
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
YES
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
YES
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
YES
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
NO
G. Geolocation data.
Physical location or movements.
YES
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
YES
I. Professional or employment-related information.
Current or past job history or performance evaluations.
NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
NO
K. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
YES

We obtain the categories of personal information listed above either directly from you (e.g., from your use of the Services) or indirectly from you (e.g., observing your actions on our website or through our devices), as further described above.

Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, providing Gallerie products or services to you or responding to questions about Gallerie products or services.
  • To provide, support, personalize, and develop Gallerie web properties, products and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your website and services experience and to deliver content and product and service offerings relevant to your interests via email or text message with your consent, where required by law.
  • To help maintain the safety, security, and integrity of Gallerie, our Website, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve the Gallerie Website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We share your personal information with the following categories of third parties:

  • Service providers.
  • Third Parties that you consent to or direct us to share your information with.

Disclosures of Personal Information for a Business Purpose

We may disclose the following categories of personal information for a business purpose:

  • Category A: Identifiers.
  • Category B: California Customer Records personal information categories.
  • Category C: Protected classification characteristics under California or federal law.
  • Category D: Commercial information.
  • Category E. Biometric information.
  • Category F: Internet or other similar network activity.
  • Category G: Geolocation data.
  • Category H: Sensory Data.
  • Category K: Inferences drawn from other personal information.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers.
  • Third parties that you consent to or direct us to share your information with.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we disclosed your personal information for a business purpose, a list disclosing:
  • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
  • We do not provide these access and data portability rights for B2B personal information.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights, below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our services.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • 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 the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
  • We do not provide these deletion rights for B2B personal information.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by contacting us per the instructions above ("Contact"). Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please call the phone number referenced above.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
  • Name, address, date of birth, user names (where applicable) and email address. We may use this information to surface a series of security/quiz questions to you to verify your identity.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

For Access, Data Portability, or Deletion Requests, we cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

Any disclosures we provide will cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of Gallerie’s products or services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, contact us as described above, under "Contact".

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the website and update the notice's effective date. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.

How to send us your feedback

Our goal is to respect your privacy and we encourage user feedback to help us improve our privacy policies. If you have any questions or suggestions about this privacy statement or our processing of your personal information, please contact us as described above under "Contact".

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