Last updated: January 31, 2020
All Sites are owned and or operated by ART APPLE NYC LLC, incorporated and operating in the New York, NY of the United States of America.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Art Apple NYC LLC, 1427 Dekalb Ave, New York, NY 11237.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Website refers to ART APPLE NYC, accessible from http://artapple.nyc
- Service refers to the Website.
- Country refers to: New York, United States
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
- Personal Data is any information that relates to an identified or identifiable individual.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Do read this Policy together with our Sites’ Terms and Conditions.
For website visitors including app users, account holders, customers from:
- European Union (“EU”), please refer to our GDPR webpage for details on how ART APPLE NYC complies with EU’s General Data Protection Regulation Policy.
- California residents, please refer to the below California Consumer Privacy Act section.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
The ART APPLE NYC site collects Personal Data with your specific prior knowledge and consent, such as when you place orders with us, subscribing to our newsletter, creating an account with us, complete a survey to enter into our raffle sweepstake or giveaways. You may opt not to provide us with certain Personal Data, but in doing so, we may not be able to properly process your order, transaction, application, or you may not be able to enjoy special features we may offer.
When you register to our Sites’ membership, you need to complete a registration form where you need to provide certain Personal Data such as your email. If you choose not to provide certain Personal Data, or if it is inaccurate, we may not be able to process your registration and you may not be able to post on our forum, or use parts of our Site. Optional Personal Data like your location, referrer, etc, may also be request.
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
When you post, contribute or share content to our Sites’ public area, such as comments section, your submitted contents are made public. We recommend you exercise caution when you post, contribute or share contents on our Sites’ public area in order to protect your personal privacy.
You are solely responsible for your use and activities on any of the Sites, such as: when you submit or post contents on our Sites; any activities occurring under your account; or, ensure, protect and safeguard your account’s confidentiality and security. In any event, we shall not be held liable for any and all claims, losses and damages sustained or resulting from any misuse of our Sites, breach on any of our Sites’ terms and conditions, any contents you submit onto our Sites, or unauthorized use of your account.
Personal Data We Collect When You Buy from Us
When you buy and place an order with us, you may need to provide Personal Data such as your legal name, email address, telephone number, residential and shipping address, payment type and details, ship type, etc. ART APPLE NYC DOES NOT COLLECT CREDIT CARD DETAILS. If you do not provide ART APPLE NYC with the request Personal Data, or if the information provided is inaccurate, we may not be able to process your order or provide you with sufficient customer service upon receiving your order inquiry. We will use your submitted Personal Data to process your order and for purposes set out in this Policy. We will not disclose any collected Personal Data except where stated herein or otherwise notified in advance.
Our servers may automatically collect automatic, individual and/or aggregate information about your electronic device (such as phone, computer) used to visit ART APPLE NYC Sites, such as the website that referred you, Internet Protocol (“IP”) address, type and configuration of the internet browser of your electronic device, browsing preference such as language settings, font size, geo-location, operating system, and other usage and traffic information.
ART APPLE NYC uses this automatic, individual and/or aggregate information to analyse trends, gather and prepare statistics or demographic information and administer our websites so we may provide improved online web experiences to our users and visitors.
Information collected may not identify you personally. We may provide such information (not necessarily personal data) to our partners about how our users collectively use our Sites, so they may further understand how their areas are used and our websites, in order to provide you with improved web experience.
We may also be legally required to disclose or provide access to our database so to cooperate with the applicable laws, regulations, court order and/or request from government authority, which we will provide for those specific request.
This Policy does not restrict or limit our collection and use of such automatic and/or aggregated information.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.We use both session and persistent Cookies for the purposes set out below:
- Necessary / Essential Cookies Type: Session Cookies Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Cookies Policy / Notice Acceptance Cookies
- Functionality Cookies
Type: Persistent CookiesPurpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You to help support and maintain Our Service, to contact You, to advertise on third party websites to You after You visited our Service or for payment processing.
- For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see You name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
We use, store and/or provide your Personal Data to conduct our business activities, such as:
- Enhance or improve user experience of ART APPLE NYC Site, or help improve performance on our product(s) or service(s) offered through any of our Sites;
- Register, verify, process and maintain your Sites’ account;
- Process, verify, operate, manage, administer and maintain membership programs;
- Process your order and transaction on the Sites, or for our products and services;
- Conduct and process any contest, raffle sweepstakes, giveaways and/or surveys that we may organize via our Sites, social media or other channels/medium, business, products and/or services, and to announce the winner of the contest or sweepstakes (as the case may be);
- Inform you on changes to our Policy, Sites’ Terms & Conditions, or respond to enquiries;
- Send email or other marketing communications about our Sites or other news, promotional sale alert, Sites’ products and services;
- Enforce our Policy, and Terms and Conditions;
- Allow our engaged third party service providers (including interaction or social media providers) to: provide specific services for or to our Sites, to host contents on our Sites, process data for ART APPLE NYC, provide technological support to us, conduct maintenance of our services, data banks, databases, including but not limited to IT contractor(s), website analytic service provider(s), data processor(s) and service provider(s) for database management systems;
- Provide our third party advertising and promotional agencies or consultants, or online platforms selected by ART APPLE NYC, to help us carry out marketing campaigns, measure delivery and effectiveness of such advertisement (such as client campaign tracking);
- To purchaser(s) or assignee(s) as part of any reorganization, merger and acquisition, transfer or sale of our business;
- Comply with or permitted by applicable laws, regulations, order or lawful request from government authority or court.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Third Party Access to Your Personal Data
We endeavour to protect your Personal Data from being accessed by third parties. But we may employ external maintenance personnel or use third party service provider(s) to help us provide website, information technology and/or data processing services or host our material, there are third party entities which may have custody or access to your Personal Data. It is necessary that you permit such third parties to access your Personal Data to the same degree and extent that you authorize us to do so. For greater certainty, every authorization you grant us in this Policy, you agree to also grant the same to any third party that ART APPLE NYC may hire, contract, instruct or otherwise retain services for the purpose of operating, hosting, maintaining, repairing, improving, preserving or otherwise for our Sites or its underlying files or systems, for data processing on our behalf, provide technological support and/or conduct maintenance of our servers, data banks or database (as the case may be). To the fullest and maximum extent as permitted under applicable law, you agree not to hold us liable for action(s) undertaken by such third parties, even where we may normally be held vicariously liable for their actions, and you must take legal actions against them directly should they commit any tort or other actionably wrongdoing against you.
We may store your Personal Data or share them with other third parties. Without prejudice to the foregoing, the following is a non-exhaustive list of other entities that we may store, share, or transfer your collected Personal Data in accordance with this Policy:
- Google Analytics (Anonymous version)
- Google Tag Manager
- Google DoubleClick for Publishers
- Google AdSense
- Google Adwords
- Google Sign-in (iOS/Android)
- Facebook (SDK for iOS/Android, App Events/Analytics, AudienceNetwork)
- Twitter (Analytics)
- Retention Science
- Campaign Monitor
- Google Firebase (Cloud Messaging, Performance Marketing, etc.)
- Commission Junction
- Affiliate Gateway
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Children’s PrivacyOur Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of the Service to these users. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
10. Marketing & Communication
When registering for a ART APPLE NYC Forum or signing up for ART APPLE NYC Sites account, you will be given the option to opt-in to receive our promotional and direct marketing materials and/or updates through the ART APPLE NYC Sites newsletter. If you would prefer to opt-out from these e-mails, you may do so at any time by using the unsubscribe link at the bottom of the e-mail.
We will also use your Personal Data for our direct marketing, as explained in Clause 6 regarding use of Personal Data for our direct marketing. In any event, we will use Personal Data for direct marketing in accordance with this Policy, and we will not use or provide your Personal Data to third parties for direct marketing unless having obtained your explicit consent, in accordance with the requirements of Hong Kong’s Personal Data (Privacy) Ordinance.
We may disclose your Personal Data to a third party to comply with or as permitted by any applicable laws or regulations, court order or lawful request from any government authority. If we receive a subpoena affecting your privacy, unless there are any prohibitions/ restrictions under applicable laws, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either.
Security of Information
We use SSL and TLS certificates to help secure ART APPLE NYC Sites. However, we make no representations as to the security or confidentiality of your Personal Data. You understand and agree that no transmission of data over the internet is guaranteed to be completely secure. It is in our interest to keep our websites secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.
California Consumer Privacy Act
This section is specifically for individuals residing in California. We intend to comply with California Consumer Privacy Act of 2018 (“CCPA”). CCPA may provide you with additional rights over our use of your personal information, including Personal Data. You may find more information on: https://oag.ca.gov/privacy/privacy-laws. For the purpose of this section, Personal Data shall be part of the definition of “personal information”, meaning information falling under any of the 11 categories listed below which we may collect.
During the past twelve (12) months, below are categories of personal information that ART APPLE NYC has either collected or not:
- Identifiers (such as name, email address, social security number, IP address) – Yes, collected
- Categories of personal information listed in the California Customer Records Statute (this includes information such as name, social security no, physical characteristics, address, telephone number) – Yes, collected
- Characteristics of Protected Classification under California or federal law – Yes, collected
- Commercial information (such as purchasing records) – Yes, collected
- Biometric information – Not collected
- Internet activity (includes search/browsing history) – Yes, collected
- Geolocation data (such as region, country) – Yes, collected
- Audio, electronic, visual, thermal, olfactory, or similar information – Not collected
- Professional or Employment information – Not collected
- Education information – Not collected
- Inferences about personal preferences and attributes drawn from profiling (e.g. via cookies) – Yes, collected
Under the CCPA, personal information does not include information that is publicly available, aggregated consumer information or those not covered by under the CCPA. ART APPLE NYC will only collect personal information in accordance with this Policy.
Sale of Personal Information and Persons under 16
ART APPLE NYC does not sell personal information we collected or received from third party, although we have de-identified and aggregated certain information for both internal and specific commercial use. Our Sites are not intended for individuals below age of 16, and we will not knowingly collect personal information from such individuals. If you are of age 16 years or older, you may request us to not use certain personal information collected from you for the aforesaid purpose by sending us a message at email@example.com.
As stipulated in this Policy, you have the right to choose not to provide certain personal information to us. We will not discriminate you in exercising your rights offered by CCPA. Unless where permitted in CCPA, we will not:
- Deny you goods or services;
- Charge a different price or rate for goods or services, including the use of discounts, benefits or other penalties;
- Provide a different level or quality of goods or services; and
- suggest will receive different price or quality of goods or service in exercising rights under law.
Request for Personal Information
Subject to exceptions permitted by law, you have the right to request us to delete your personal information which we may have collected. Upon receipt and confirming your verifiable consumer request, and if exceptions by law do not apply, we will arrange deletion.
To ensure and verify you are the correct and proper person related to the personal information which you want us to delete, upon receiving your request, you must thereafter provide us with the following in order for us to verify:
- Date of Birth (Month/Day) if you recall having provided us with;
- Details of last activity that you conducted on our Sites (for example, if you last made a purchase, details of that purchase such as date, value, item(s) purchased);
- Email address used to conduct your activity on our Sites.
If the information you provided us with is insufficient to verify your identity as the person being related to the personal information requested for deletion, we may request you for supplementary information.
To submit a verifiable consumer request for deleting personal information, you may inquire below for contact details.
Exceptional circumstances where ART APPLE NYC can refuse deletion if we or our service provider(s) need to retain personal information in order to:
- complete a transaction, perform our contractual obligation which we have entered with you, provide goods or services which you have ordered or is part of our ongoing business relationship;
- detect wrongdoings like security incidents, protect against illegal, fraudulent or deceptive acts which are unlawful in nature;
- debug, identify and repair errors that may impair existing intended functionality;
- exercising free speech, and to ensure the right of free speech of a business or another Californian individual;
- comply with California Electronic Communications Privacy Act;
- conduct research (whether for public, scientific, historical, statistical) which adheres to other applicable ethical and privacy laws;
- internal use which is reasonably aligned with consumer expectations based on consumer’s relationship with ART APPLE NYC, or in a lawful manner which aligns with the context and reason for why personal information was provided;
- comply with legal obligations.
We may retain personal information in our electronic archival or backup system.