Rubyart Privacy Policy

This Privacy Policy (“Policy”) describes how Rubyart, Inc. d/b/a Provenance Art & Culture Inc. (“Ruby” or “we” or “our” or “us”) collects, stores, shares, and uses information, and your choices about privacy when you use our website, products, and services (collectively, “Services”). Your privacy is important to us, and we ask that you read this Policy carefully to be informed about our practices.

This Policy is part of our General Terms and Conditions of Sale (“Terms and Conditions”), which can be viewed at: Terms and Conditions. Any capitalized terms that are used but not defined in this Policy have the same meaning given to them in our Terms and Conditions. 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 and Conditions.

By using our Services, you consent to the collection, use and sharing of your Personal Information as outlined in this Policy. You may withdraw consent at any time in writing, however such withdrawal does not negate our right to process your data prior to your withdrawal.

When This Privacy Policy Applies

This Policy applies to all of our Services, regardless of how you use them, and whether or not you register for a Rubyart account. This Policy 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. If, at any time during the course of using our Services, you are directed to a third-party site, you understand and agree that the policies of the third-party site govern.

Types of Information We Process

Information You Provide

We may collect the information that you provide (such as name, email address, home address, phone number) or otherwise make available to us when you access or use our Services, including when you:

• Fill in any forms on our Services, such as when you register for a Rubyart account or update your account or User profile information.
• Access or use our Services, such as when you search for or view artwork, events or other items, follow artists, galleries, institutions or other Users, place requests, post conversations, jobs, or personal messages or otherwise perform transactions, or communicate with other Users.
• Link your Rubyart account to your account on another social media service, in which case we may obtain your username on that service and other information you make publicly available through that service.
• Communicate with us.

Information Collected Automatically

We may automatically collect certain information about how you access or use our Services, and by using our Services you consent to the collection of that information. Examples include but are not limited to: internet browser, operating system, device and application identifiers, IP address and geo-location information, access times and dates, referring and exit pages and URLs, clickstream data, search terms, pages viewed, time spent on pages, bounce rate and login frequency.

Information from Cookies, Web Beacons and Similar Technologies

We may collect information through the use of cookies, web beacons and similar technologies. These technologies help us to operate, improve and customize our Services, Content and marketing. We may also use third-party service providers that may use cookies, web beacons and similar technologies to help operate their services. Your browser may have settings that allow you to decline cookies, but please note that some of our Services may not be available if you do so. For more information, please see our Cookie Policy.

Information from Other Users

If you use our Services to communicate with another User or perform a transaction with another User, we may obtain information or feedback from them about their interaction with you. Also, when Users share User Content through our Services, if it contains information about you, we will receive that information as well.

Information from Other Sources

We may obtain information about you from third-party partners (such as other companies with which we may jointly offer services or conduct promotional events), third-party service providers, credit bureaus or other sources, including but not limited to demographic information, contact information, open data, publicly available data and credit check information. We may use this information for legitimate business purposes, including the performance of a contract, customer support, fraud prevention, and credit-related decisions in connection with our Services.

Information from Mobile Use

When you access our Services on a mobile device, we may obtain information about your location and mobile device, including a unique identifier for your device. We may use this information in order to customize our Services, Content and marketing for your location. Most mobile devices let you disable location services, and your choices for location services may vary depending on your mobile device.

How We Use the Information We Collect

The information we collect helps us to operate, improve, protect, and customize our Services, as well as develop new Services. The information we collect also helps us provide customer support and make our Services more efficient for you and other Users.

In addition to the other uses of information described in this Policy, we may use all of the information that we obtain from or about you for the following purposes:

• To provide our Services to you, including new Services we develop later (reason: legitimate business purpose and performance of a contract).
• To provide you with customer support (reason: legitimate business purpose).
• To facilitate your communications or transactions with us or other Users (reason: to receive consent, and for legitimate business purpose).
• To operate, improve, and customize our Services, Content, and marketing, to develop new Services, and to understand how you use and interact with our Services and Content (reason: legitimate business purpose).
• To develop and display more customized Content and ads to you on or off our Services (reason: to receive consent, and for legitimate business purpose).
• To promote and maintain a trusted, safer, and more reliable environment on our Services, for example, to help detect, prevent or otherwise address fraud, security or technical issues (reason: to protect the public interest and for legitimate business purpose).
• To contact you in order to address issues with your account or use of our Services, collect fees, send you updates about our Services or policies, or for other purposes permitted by law (reason: performance of a contract and for legitimate business purpose).
• To contact you in order to send you marketing communications, promotional messages, and offers about our Services and Content (reason: to receive consent, and for legitimate business purpose).
• To facilitate your participation in contests, sweepstakes or other promotional events sponsored or conducted by us or by others in conjunction with us (reason: performance of a contract).
• To comply with our legal obligations, resolve disputes, or enforce our Terms and Conditions or any other policies or agreements with Users (reason: compliance with a legal obligation).
• To perform other functions as described when the information is collected or requested, or for other purposes with your prior consent (reason: legitimate business purpose).

Communication Preferences

We provide registered Users with settings on our Services to control whether they receive certain communications from us. If you do not want to receive marketing email from us, you can unsubscribe by following the unsubscribe link in the email you received, changing your preferences in your profile and account settings, or emailing us at privacy@rubyart.net. You may not be able to opt out of receiving some communications from us, such as email about your account, your relationship with us, or your transactions with us or other Users.

Accounts and User Profiles

Registration, Access and Records

To register for a Rubyart account, you will need to provide your full name and a valid email address. If you have a Rubyart account, you may access, add, remove or update certain information about you in your profile and account settings. It is your responsibility to update all such information as necessary to keep it accurate and current. If you wish to cancel your account, you may do so by using the tools provided in your profile and account settings. For further information, please contact us at privacy@rubyart.net.

Profile and Account Information

To make our Services more interactive, certain information about Users' profiles or accounts may be made accessible to other Users on or through our Services, as indicated in Users' profile and account settings. Our Services may include settings to control how certain profile or account information is shared with other Users, and you should check your profile and account settings regularly to be informed of your current choices. For further information, please contact us at privacy@rubyart.net.

Data Retention

We will keep and use your data as described in this Policy for (i) as long as your account is in use, is open, or is active; (ii) as long as is necessary to comply with any tax, legal, and/or other regulatory requirements; and (iii) to protect and defend against potential legal claims. If you would like to request the deletion of your personally identifiable information, please contact us at privacy@rubyart.net. We will retain your anonymized, aggregated, depersonalized data after it has been deleted from our Site.

Favorites and Follows

Our Services may include features that enable you to designate your 'favorite' artists, designers or other creators, artwork or other items, or categories of artwork or other items. Our Services may also include features that enable you to 'follow' galleries, institutions or other Users, artists, designers or other creators, or categories of artwork or other items.

If you enable such designations, we may include you in email communications regarding those designations. If you would like to opt out of receiving those emails, please follow the unsubscribe link at the bottom of the relevant email or visit your account profile to update your email settings. For further information, please contact us at privacy@rubyart.net.

User Content

As described in our Terms and Conditions, some Services may enable you to provide User Content on or through our Services. When you post or publish User Content on our Services, any information contained in the User Content becomes publicly accessible on our Services and may also be indexed by and accessible through third-party search engines. It is your responsibility to ensure that you have the right to share any information about others that you may share with us or with others through our Services.

User Communications

Connecting with Other Users

We aim to provide a platform and marketplace where Users can discover and engage with a wide range of events, artwork, design and other items from around the world. To help make this happen, our Services may include features, such as messaging tools and email addresses hosted on our Services, that enable you to contact and communicate with other Users.

Sharing Information with Other Users

When you use our Services to contact another User or perform a transaction with another User, such as an auction house, dealer, business professional, gallery, or institution, they may obtain your name, email address and other contact information from us to facilitate communications, transactions, or for their marketing purposes. Our Services may include settings that enable you to choose how certain information is shared with other Users.

With Whom Do We Share Personal Information?

Personal Information

Under this Policy, 'Personal Information' means information that by itself can be used to identify or contact a specific person (for example, a person's name, email address, postal address or phone number). We will only share your Personal Information with others in the ways described in this Policy, or otherwise with your prior consent.

Service Providers

We may contract with third-party service providers that help us provide our Services, or that perform services for us related to our Services. Examples may include: identity verification, document authentication, order fulfillment, payment processing, fraud investigation, email and postal mail administration, customer service assistance, web and mobile data analytics, and server and database hosting services. For the avoidance of doubt, we do not sell your Personal Information to our Service Providers.

Payment Processing

We use third-parties, including Stripe, to gather your data from financial institutions. By using our Services, you grant our third-party providers the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution according to terms of such third-party providers' privacy policies and service terms.

Business Transfers

If we are involved in a merger, acquisition, or sale of assets, your Personal Information may be one of the assets transferred. In this event, if you have registered for a Rubyart account, we will notify you of the change of ownership by sending an email to the most recent email address you provided us under your Rubyart account.

Legal Purposes

We may access, preserve, and disclose your Personal Information and/or other information if we believe that such access, preservation or disclosure is reasonably necessary to: (i) comply with any law, regulation, legal process or governmental request; (ii) enforce our Terms and Conditions or our other policies or agreements with Users, or investigate potential violations; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) protect or enforce the rights or property of Rubyart, you, or any other person or entity; or (v) prevent physical harm to any person.

Aggregated and Non-Personal Information

We may aggregate and/or make anonymous any Personal Information that we have obtained in any way from or about you or others so that such information no longer contains any Personal Information. We may use and share any aggregated, anonymous or other non-personally identifying information for any legitimate business purposes, including research and development, marketing, and to inform others about how our Services or Content are engaged with or used.

Payment Information

If you use our marketplace or register for certain Services, you may need to provide payment information, such as a credit card number, card type and expiration date. We do not intentionally store full credit card numbers or other sensitive payment credentials entered on our Services. Instead, this information is securely processed and stored by a third-party payment processor, and the use and storage of this information will be subject to the payment processor's own terms of service and privacy policy.

If you choose to pay using a digital wallet service (such as Apple Pay or Google Pay), your transaction and device information may be collected and processed by the relevant digital wallet provider and our payment processor. Rubyart does not store your full credit card number, Apple Pay device account number, or equivalent digital wallet credentials.

We do receive certain information from the payment processor – such as the payment method used, confirmation status, a transaction ID or token associated with your account, and, in some cases, the last four digits of your credit card number. We use this information for fraud prevention, customer support, and to confirm purchases.

Other Websites and Services

Our Services may include links to other websites or services that we do not own or control, and other websites or services that we do not own or control may include links to our Services. These links and features are not an endorsement by us of any other websites or services, or any of their privacy policies or practices. We encourage you to read the privacy policies of other websites and services that you visit or use to be informed of their practices.

International Processing

Rubyart is headquartered in the United States. Our Users, service providers, and other third parties you may interact with in connection with our Services may be located in the United States and other countries around the world, including countries that may not offer the same level of protection for Personal Information as that offered in the United States. By accessing or using our Services, you agree that your information may be transferred and processed in the United States and any other country or jurisdiction.

In cases of onward transfer to third parties of Personal Information of EU individuals received pursuant to the EU-U.S. Data Privacy Framework, Rubyart remains accountable for the onward transfer of such Personal Information.

Children's Information

Our Services are not directed to children under the age of 16, and we do not knowingly collect Personal Information from people in this age group. If you believe we may have collected Personal Information from anyone under the age of 16, please contact us at privacy@rubyart.net.

Security

Every Rubyart account is protected by a password to help maintain privacy and security on our Services. If you register for an account, we urge you to use a strong password containing unique numbers, letters and special characters, and to protect the confidentiality of your password at all times. If you suspect or become aware of any unauthorized access to or use of your account or password, you agree to immediately contact privacy@rubyart.net and change your password. Please note that while we seek to protect your information, we cannot guarantee the security of any information, whether online or offline. Any transmission of information is at your own risk.

Statutory Requests

Some jurisdictions have laws that give people the right to access or correct their Personal Information which a company has about them. We will honor any statutory right you may have to access or correct your Personal Information that we have in our records, and you can email such requests to privacy@rubyart.net. Once we receive your request, we will let you know if an administrative fee will apply to fulfill your request, as permitted by applicable law.

Privacy Information for California Residents Only

If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your Personal Information (as defined in the California Consumer Privacy Act – 'CCPA').

Categories of Personal Information We Collect

Throughout this Policy, we discuss in detail the specific pieces of Personal Information we collect from and about users. Under the CCPA, we are also required to provide you with the 'categories' of Personal Information we collect. The categories include:

• Identifiers – e.g., name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers.
• Customer records information – e.g., name, signature, physical characteristics or description, address, telephone number, financial information, medical information, or health insurance information.
• Characteristics of protected classifications under CA or federal law – e.g., gender, identity, or age.
• Commercial and financial information – e.g., records of personal property, products or services purchased, obtained, or considered.
• Internet or other electronic network activity information – e.g., browsing history, search history, or information regarding a consumer's interaction with an Internet website, application, or advertisement.
• Geolocation data – e.g., city, state, and ZIP code associated with your IP address or derived through Wi-Fi triangulation.
• Inferences that could be used to create a profile about a consumer reflecting the consumer's preference, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
• Other Information – any other information you choose to directly provide to us in connection with your use of the Services.

How We Use Your Personal Information

We use and share the categories of Personal Information we collect about you consistent with the various business purposes we discuss throughout this Policy, as described in the 'How We Use the Information We Collect' and 'With Whom Do We Share Personal Information?' sections above.

CCPA Rights Disclosure

If you are a California resident, the CCPA allows you or an authorized agent on your behalf to make certain requests about your Personal Information:

Right to Know

You may request information about the categories of Personal Information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your Personal Information; and the categories of third parties with whom we share/disclose Personal Information.

Right to Access

You may request access to and/or a copy of certain information we hold about you and that we have collected about you during the past twelve (12) months.

Right to Request Deletion

You may request that we delete certain information we have about you. Please note that certain information may be exempt from such requests under California law. We also will take reasonable steps to verify your identity before responding to a request.

Right to Non-Discrimination

The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.

Right to Opt-Out of the Sale of Personal Information

If you are a California resident, the CCPA allows you to opt-out of the sale of your Personal Information. To opt-out of such sales, please click on “Do not sell my Personal Information” in the footer of our website rubyart.net and confirm your decision. If you would like further information regarding your legal rights under California law or would like to exercise any of them, please contact us at privacy@rubyart.net.

Shine the Light

The California 'Shine the Light' law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of Personal Information with third parties for their direct marketing purposes. We do not share your Personal Information with third parties for their own direct marketing purposes, except with your consent.

EU-U.S. Data Privacy Framework

Rubyart complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF as set forth by the U.S. Department of Commerce. Rubyart has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the EU-U.S. DPF Principles shall govern.

Dispute Resolution

As this Policy is part of our Terms and Conditions, any disputes involving you and us that relate to privacy or the use of your information, and that arise out of or are related to this Policy or our Services, will be subject to our Terms and Conditions, including any provisions regarding the limitation of damages and liability, choice of law, and dispute resolution.

If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, you can submit your complaint to PrivacyTrust, an independent third-party dispute resolution provider. In limited situations, EU individuals may seek redress from the International Centre for Dispute Resolution-American Arbitration Association (ICDR-AAA), a binding arbitration mechanism.

Changes to This Privacy Policy

Our business changes with time, and our Privacy Policy will change also. We reserve the right to change this Policy, including our Cookie Policy, without prior notice, at any time at our sole discretion. All changes to this Policy will be effective when posted on our Services. By continuing to use our Services after any changes to this Policy become effective, you agree to such changes and the updated Policy.

Cookie Policy

For detailed information on how we use cookies, web beacons and similar technologies on our website, please see our dedicated Cookie Policy. Cookies are small data files placed on your device that help us recognize your browser, store your account preferences, and customize your experience. You may opt out of certain cookies via your browser settings or our Cookie Settings tool in the site footer.

Contacting Rubyart

If you have questions or comments about our Privacy Policy or our privacy practices, would like to know what Personal Information we hold about you, or would like to update, delete, or request access to such Personal Information, you may contact us by email at privacy@rubyart.net or by postal mail sent to Provenance Art & Culture Inc., 26 The Glen, Glen Head, NY 11545, Attn: Privacy.

EU Contact Information

If you need to be in touch with our EU representative, please contact us at privacy@rubyart.net.