PRIVACY POLICY

There are no two things we care about more than falling deeply in love with a work of art and the privacy of our customers. We appreciate you visiting our website – thefineads.com (the “Site”) owned and operated by Omnisense. – a company registered in Cyprus (“The Fine Ads,” “we,” “us,” or “our”). We are committed to protecting your privacy and we’ve created this Privacy Policy to let you know what to expect when you interact with us on the Site, register for our events and buy art from our Site (collectively, “Services”). This Privacy Policy may be updated from time to time and we will notify you of any material changes by posting the new Privacy Policy on the Site. We recommend you consult this policy regularly for any changes.

By accessing or using our Services in any way, you agree that your information may be collected, stored, shared, and used as described in this Policy and our Terms of Use. This Policy applies to all of our Services, regardless of how you use them. This Policy only applies to how we collect, store, share, and use information. This Policy does not apply to any entity that we do not own or control, or to any person that we do not employ or manage. 

For the purpose of the Data Protection Act 2018 (the Act), the data controller is Omnisense., a company registered in Cyprus. Our registered office is Nicolaides Tower, 33 Agiou Nicolaou Street, Engomi, 2408, Nicosia. If you have any requests concerning your personal data or any queries with regard to how we handle your data you can email [email protected].

INTERNATIONAL CUSTOMERS

This Privacy Notice applies internationally, but there are additional terms for certain countries which supplement this notice and take priority over any conflicting provisions. 

PROCESSING YOUR PERSONAL DATA

We collect information to improve, protect and customise our Site, Services, features and content, develop new Services and to enable you and other Users to enjoy and easily navigate the Site.

We may collect personal data when you:

1. Fill in forms on our Site, including account creation, listing/profile creation, vendor registration, mailing list sign-up and checkout
2. Register tickets, either through our Site, or through our ticketing partners
3. Purchase artwork from our Site
4. Search for products and website content
5. Correspond with us by phone, e-mail, and social media
6. Enter into a competition
7. Complete a survey
8. Agree to the use of Cookies and other web tracking tools,
9. Report problems or make a complaint
10. Comment on articles, listings, profiles, products

The information you give us may include:

1. Name, home address, e-mail address, telephone number, credit/debit card or other payment details;
2. Details of your preferences, opinions and lifestyle;
3. Information about your use of our website, events and services;
4. The communications you exchange with us or direct to us via letters, emails, chat service, calls, and social media.
5. Location, including real-time geographic location of your computer or device through GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, if you use location-based features and turn on the Location Services settings on your device and computer.

PURPOSE OF PROCESSING YOUR PERSONAL DATA

THE LEGAL BASIS ON WHICH WE RELY ARE:

LEGITIMATE INTERESTS

We rely on legitimate interests as a basis for processing including intra-group transfers and some of our marketing.

For example, if you are a previous customer, we may process your personal data to personalise your emails, or to update you about significant changes to our Services.

We carefully weigh up our legitimate interests against your rights, taking into consideration your reasonable expectations, based on your relationship us. We will inform you of the processing activity and give you the option to opt out when you give us your data, or in our first communication with you.

CONSENT

We rely on consent as a basis for sharing your information for other organisations to use and for some of our marketing. For example, if we have no prior direct relationship with you as a customer, we will ask your consent before we send you emails.

Consent is based on genuine choice and will always be freely given, specific and fully informed.

CONTRACT 

Where processing is necessary for us to carry out the pre-contract and contractual relationship between us, our customers and the suppliers we use to deliver our contracts.

VITAL INTERESTS 

If there is an emergency at one of our events, we may share limited personal data with the emergency services to protect the lives and vital interests of our guests and the general public. For example, if the only ID a guest carries is their event ticket, we may provide their personal data to the ambulance service to facilitate and contact with their GP and next of kin.

MARKETING 

We would like to use your personal data to send you details of products or services that we offer that we have identified as likely to be of interest to you.  We will only send you information in line with the preferences you communicate to us.

We use profiling to personalise the marketing communications you receive. For example, we might like to use your name, email address, location and website history to send you invitation to a local art fair, recommending artists there that would suit your tastes and suggesting website content that would help you to get the most from your visit.

If at any point you would like to opt-out of receiving communications from us, please use the Update Preferences in your emails from us, or contact [email protected].

RECIPIENTS/CATEGORIES OF RECIPIENTS

In carrying out our business including our obligations to you, we may use sub-contractors. These include couriers, mailing houses, email broadcasters, and marketing agencies. We will ensure that they respect your privacy and abide by all data protection laws.

DISCLOSURE OF YOUR INFORMATION

We will disclose your personal information to third parties: 

1. in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
2. if The Fine Ads Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
3. if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of and other agreements; or to protect our rights, property, or safety or that of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

TRANSFERS TO THIRD COUNTRIES 

We operate businesses and store data in multiple jurisdictions, some of which are not located in the European Economic Area (EEA). As part of our processing activities we may transfer and store your personal data to our staff and partners, including locations in USA, Hong Kong and Singapore. We will always ensure we have a written data processing agreement in place to ensure the same level of data protection in Cyprus will apply.

RETENTION PERIODS 

We will keep your personal data in connection with the services/products you have bought for 7 years after the last purchase. We need to retain this data for our own accounting purposes and for legal and tax purposes.

In terms of personal data we use for marketing, we will keep this data for as long as we are able to market to you and if you withdraw your consent or opt-out of marketing communications, we will keep your contact details only to ensure that we do not contact you again for marketing purposes.

Where we use consent or legitimate interest as the basis for direct marketing, we will take this to be valid for 2 years from the time of your most recent significant interaction with us, which may include registering for an event ticket, making a purchase through our website, or opening one of our marketing emails.

COOKIES

A cookie is a small file of letters and numbers that is downloaded on to your computer when you visit a website.

We use cookies to do a number of essential things – remember your preferences, record what you have put in your shopping basket and process your transactions. 

We also use cookies to improve our website and make our communication with you more relevant. These things involve your personal data being processed by other organisations, including Google and Facebook.

We need your consent to use cookies in this way, so we show a notice before we do so. We take your continued use of our site, by scrolling, clicking or dismissing the notice as consent. We also only use cookies if your browser privacy settings allow it. These settings are in your control and can be changed. For more information about how we use cookies and how you can control them, check out our Cookies Policy.

DATA SUBJECT’S RIGHTS

You have rights in respect of your personal data. If you wish to exercise any of these rights, we will need to confirm your identity before we can consider the request.

THE RIGHT TO BE INFORMED

You have the right to be told about the collection and use of the personal data you provide.

This privacy policy sets out the purpose for which we process your personal data, how long we will keep your data, who we will share your data with. If you have any questions on how and why we process your data please contact the DPO. If you want to know more about this right, the ICO has more guidance on their website: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-be-informed/

RIGHT OF ACCESS 

You have the right to know whether we are processing your personal data, and to a copy of that data. We would need as much information as possible to enable us to locate your data. We will respond to your request within 28 days of receipt of your request.

If you want to exercise this right, please contact the DPO at the contact details above. If you want to know more about this right, the ICO has more guidance on their website: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-of-access/

RIGHT TO RECTIFICATION

You have the right to have any incorrect personal data corrected or completed if it is incomplete. You can make this request verbally or in writing. We will need as much information as possible to enable us to locate your data. We will look at any request and inform you of our decision within 28 days of receiving the request. 

If you want to exercise this right, please contact the DPO at the contact details above. If you want to know more about this right, the ICO has more guidance on their website: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-rectification/

RIGHT TO ERASURE

This right, often referred to as the right to be forgotten allows you to ask us to erase personal data where there is no valid reason for us to keep it. We will look at any request and inform you of our decision within 28 days of receiving the request.  

If you want to exercise this right, please contact the DPO at the contact details above. If you want to know more about this right, the ICO has more guidance on their website: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-erasure/

RIGHT TO RESTRICT PROCESSING 

You have the right to ask us to restrict processing of your data. We will look at any request and inform you of our decision within 28 days of receiving the request. 

If you want to exercise this right, please contact the DP at the contact details above. If you want to know more about this right, the ICO has more guidance on their website: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-restrict-processing/

RIGHT TO DATA PORTABILITY

You have the right to move, copy or transfer your personal data from one IT environment to another.

This right applies to data that you have provided to us and that we are processing on the legal basis of consent or in the performance of a contract and that processing is by automated means. We will respond to your request within 28 days of receipt of your request.

If you want to exercise this right, please contact the DPO at the contact details above. If you want to know more about this right, the ICO has more guidance on their website: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-data-portability/

RIGHT TO OBJECT

You have the right to object to our processing of your personal data based on (1) legitimate interests, or for the performance of a task in the public interests/exercise of official authority (including profiling); (2) direct marketing (including profiling); and (3) for purposes of scientific/historical research and statistics.

1. Legitimate interests/legal task – your objection should be based on your particular situation. We can continue to process the data if we can demonstrate compelling legitimate grounds which override your interests.
2. Direct marketing – you have an absolute right to ask us to stop processing for the purposes of direct marketing. We will action your request as soon as possible.
3. Scientific/historical research and statistics – your objection should be based on your particular situation. If we are conducting research where the processing is necessary for the performance of a public task, we can refuse to comply with your objection.

If you want to exercise this right, please contact the DPO at the contact details above. If you want to know more about this right, the ICO has more guidance on their website: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-object/

RIGHTS RELATING TO AUTOMATED DECISION MAKING INCLUDING PROFILING

You have the right in respect of automated decision making, including profiling.

Where we carry out solely automated decision making, including profiling, which has legal or similarly significant effects on you, we can only do this if it is in connection with a contract with you, we have a right under law or you have provided your explicit consent. We will tell you if this happens and tell you how you can request human intervention or challenge the decision.

If you want to exercise this right, please contact the DPO at the contact details above. If you want to know more about this right, the ICO has more guidance on their website: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/rights-related-to-automated-decision-making-including-profiling/

RIGHT TO WITHDRAW CONSENT

Where we process your personal data based on your consent you have the right to withdraw that consent at any time without reason.

You can opt-out by using the unsubscribe/opt-out in any marketing we send you and you can contact the DPO at the contact details above.

THE RIGHT TO LODGE A COMPLAINT

If you are unhappy with any aspect of our handling of your data you can make a complaint to the Information Commissioner’s Office – https://ico.org.uk/concerns/

THIRD PARTY WEBSITES 

Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. 

FOR ALL NON-CYPRIOT CUSTOMERS

By placing an order with us, browsing our website, including for analytics and website usage research, and/or agreeing to receive direct marketing electronic communications as described in this Privacy Notice and our Cookies Notice, you expressly consent to the processing of your personal data by us or on behalf of us. Of course, you still have the right to ask us not to process your data in these ways, and if you do so, we will respect your wishes.

Sometimes we will need to transfer your personal data between countries to enable us to supply the goods or services you have requested. In the ordinary course of business, we may transfer your personal data to third parties located in Cyprus to your country of residence. You hereby expressly consent to such overseas use, transferring and disclosure of your personal data outside of your country of residence for such purposes.

We shall endeavour to ensure that reasonable steps are taken to procure that all such third parties outside of your country of residence shall not use your personal data other than for that part of the purposes as set out in this Privacy Notice and to adequately protect the confidentiality and privacy of your personal data.

We will ensure that any third parties only process your personal data in accordance with their legitimate interests. These third parties may be subject to laws that differ from the laws which apply in the country where you reside. We do not actively take steps to ensure that any overseas recipient of your personal data complies with the laws which apply in your country.

If you have any questions, please contact our Data Protection Officer, and we will respond within your local timeframe response requirements. To complain about an alleged breach of this Privacy Notice or our privacy obligations at law, please provide us with as much detail as possible in relation to your complaint. We will take any privacy complaint seriously and any complaint will be assessed with the aim of resolving any issue in a timely and efficient manner.

CHANGES TO THE PRIVACY POLICY 

This privacy policy is regularly reviewed and will be updated when necessary. If we make any significant changes to the policy we will communicate these to you.