PRIVACY POLICY

Introduction

This Policy applies to all Art Can Die related activities and/or its related legal bodies and affiliates (“we”, “us” or “our”) when so required.  We care about the privacy of users (the "User" or "you") of our website and/or mobile space (the "Site" and the "Mobile Space", respectively) and are committed to protecting the information users share with us when using our Site and/or Mobile Space (collectively, the "Digital Properties"),  and we are fully committed to protecting and using your information in accordance with applicable law. 

This Privacy Policy describes our practices for collecting, using, and disclosing your information through our digital properties (the "Services"), when you access the Services from your device. We are committed to respect the confidentiality of Personal Data and privacy of individuals, in compliance with all applicable data protection laws, including the European Union General Data Protection Regulation (“GDPR”) when applicable. To the maximum extent permitted by applicable law, nothing in this Policy incurs any joint liability with Art Can Die, its affiliates or team.

 

Before accessing or using any of our Services, please read this Privacy Policy carefully and ensure that you fully understand our practices regarding your information. If you read and fully understand this Privacy Policy, and you remain opposed to our practices, you must immediately and cease all use of our Digital Properties and Services. By using our Services, you agree to the terms of this Privacy Policy and your continued use of the Services constitutes your acceptance of this Privacy Policy and any amendments thereto. 

 

In this Privacy Policy, you will find explanations on the following questions:

  • Information We Collect

  • How We Collect Information

  • Why We Collect Information

  • With whom we share information

  • Where the information is stored  

  • How long is the information kept

  • How We Protect Information 

  • Minor

  • Changes or Updates to the Privacy Policy

 

  1. Information We Collect

“Personal Data” refers to any data or information, or combination of both, that can serve to identify you. Below is a non-exhaustive list of the different types of information we may collect. 

  • Unidentified and non-identifiable information, which may be provided by you during the registration process or collected when you use our Services ("Non-Personal Information"). Non-personal information does not allow us to identify the person from whom it was collected. The Non-Personal Information we collect consists primarily of technical information and aggregated usage information.

  • Information that identifies you individually, that is, information that identifies you or that can, with reasonable effort, identify you ("Personal Information"). The Personal Information we collect through our Services includes name, email address, address, telephone number, IP address or other information requested whenever necessary. If we combine Personal Information with Non-Personal Information, we will treat the combined information as Personal Information for as long as it remains combined. 

  • We may also collect information defined as personal data under GDPR. In respect of the GDPR, Personal Data shall also include without limiting to ethnic origins, political opinions, religious or philosophical beliefs, trade union, biometric data, criminal convictions and offences, and other information such as internet protocol, cookie identifiers. 

 

  2. How We Collect Information

Below are the main methods we use to collect information: 

  • We collect information when you use our Products or our Services. When you register on our website, Dashboard, when you browse them, and when you visit our Digital Properties or use our Services, we may collect, collect and record such uses, sessions and related information.

  • We collect information that you voluntarily provide to us. For example, we collect information that you provide to us when you contact us directly through any communication channel (for example, when you send us an email with a comment or feedback, or when you ask to be part of DIE community or react to our promotions, our surveys and other actions); 

  • We collect information when you interact with our team or any of our staff, social media platforms and emails;

  • We may collect information from third party sources as described below.

  • We collect information that you provide to us if you connect to our Services through third-party services such as Facebook or Google

  • We collect information when you transfer your Personal Data for any other reason.

 

  3. Why We Collect Information

To the maximum extent permitted by applicable law, we use your Personal Information for the following purposes:

  • To provide and operate the Services

  • To develop, personalize and improve our Services

  • To respond to your reactions, requests and requests and to provide you with assistance

  • To analyze demand and usage patterns

  • For other internal, research or statistical purposes

  • To strengthen our data security and fraud prevention capabilities

  • To comply with any applicable rules, laws and regulations, codes of practice or guidelines or help law enforcements. 

  • To pass KYC/AML checks, the whitelisting process and verification of data provided;

  • To investigate possible violations, enforce our terms or policies, or comply with any applicable law, regulation or governmental authority.

  • To send you updates, notices, promotional materials, and other information about our Services. If we send you promotional emails, you can opt out of receiving them by clicking on the unsubscribe link that those emails contain.

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  4. With whom we share information

Personal Data will be kept confidential and duly secured and, in the maximum extent by applicable law, may be disclosed to third parties. In such an event, third parties acknowledge the confidentiality of this data, pledge to respect users’ right to privacy and compliance with the GDPR and other data protection laws. We may share your information with our service providers, to operate our Services (for example, by storing information about third-party hosting services, providing our technical support, etc.). In this case, users are warned that such providers may be subject to laws less protective of Privacy. 

We may also disclose your information in the following circumstances: (i) to investigate, detect, prevent or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (ii) to establish or exercise our rights of defense against legal claims; (iii) to protect our rights, property or personal safety and those of our users or the general public; (iv) if we or any of our affiliates undergo a change of control, including through a merger, acquisition or purchase of all or almost all of our assets; (v) to collect, hold and/or manage your information through our authorized third-party service providers (for example, online service companies), to the extent that this is reasonable for commercial purposes; or (vi) to cooperate with third parties for the purpose of improving your experience. To avoid possible confusion, we may transfer and disclose to third parties or otherwise use Non-Personal Information in our sole discretion.

In case of fusion, or merger, or bankruptcy, Personal Data will be included in the transfer of the Company or will bel lost with its liquidation. Any parties who acquired us will be entitled to use your personal data according to this policy.

 

  5. Cookies and similar technologies

When you visit or access our Service, we allow certain third parties to use web beacons, cookies, pixel tags, scripts, beacons, and other analytics technologies and services ("Tracking Technologies"). These Tracking Technologies may allow third parties to automatically collect information about you in order to improve the way you navigate our Digital Properties, improve the performance of our Digital Properties and personalize your experience on our Digital Properties, as well as for security and fraud prevention purposes. 

We and other third providers use “cookies” to obtain information when you access the Website for improving your access and use of the Website and our services. Cookies are files with small amount of data that are sent to your browser from our website and stored on your computer's hard drive. Most of the web browsers automatically accept cookies, but you may request, at any time, your browser to deny all cookies. However, in this event you may be restricted to use functionalities of our website/services. This policy governs only the use of cookies between your computer and our website ; not the use of cookies by any advertisers.

By clicking on the links to third-party websites on our website, you accept it could result in the collection or sharing of your personal data by such third parties and that we do not endorse nor are responsible for the content or privacy practices of these other websites or services, which are not covered by our privacy policy. Please carefully read third parties policy in this regard.

 

  6. Where the information is stored

Non-Personal Information

Please note that our companies, as well as the partners and service providers we trust, are located all over the world. All Non-Personal Information we collect is stored and processed in various jurisdictions around the world, for the purposes detailed in this Privacy Policy. 

Personal information

Personal Information may be retained, processed and stored in the United States of America, Ireland, Japan, Israel and other jurisdictions if this is necessary for the proper provision of our services and/or as required by law (as further explained below).

 

  7. How long is the information kept:

Please note that we retain the information we collect for as long as necessary to provide the Services and to comply with our legal or contractual obligations to you, resolve disputes, and enforce our agreements; and (i) generally, up to 7 years; or (ii) in respect with GDPR, up to 10 years, unless otherwise required by applicable law or for legal motivations. 

We may rectify, supplement or delete incomplete or inaccurate information at any time and in our sole discretion.

 

  8. How Wix protects information:

The hosting service of our Digital Properties provides us with the online platform that allows us to provide you with the Service. Your data may be stored through our hosting provider's data storage, database or general applications. It stores your information on secure servers behind a firewall and offers secure HTTPS access to most of its services.

All direct payment gateways offered by the host of our Digital Properties and that we use comply with the standards set by PCI-DSS, as managed by the PCI Security Standards Council, which is a joint effort of companies like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure processing of credit card information by our store and its service providers, including physical, electronic and procedural measures. 

Regardless of the efforts made and the measures taken by us and our host, we cannot and do not guarantee the absolute protection and security of the information you upload, post or otherwise share with us or anyone else.

We encourage you to set strong passwords and avoid providing us or anyone with sensitive information that you believe could cause you substantial or irreparable harm. In addition, because email and instant messages are not recognized as secure forms of communication, we ask that you, and encourage you, not to share sensitive information through these methods.

 

  9. Minor

The Services are not intended for underage users. We do not knowingly collect information from children. If you are not of legal age, you must not download or use the Services or provide us with any information.

We reserve the right to request proof of age at any time to ensure that minors do not use our Services. If we learn that a person under the age of majority is using our Services, we may prohibit and block that user's access to our Services, as well as delete all information stored with us about that user. If you have reason to believe that a minor has shared information with us, please contact us as set out below.

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  10. Rights

We will only use your personal information for the purposes set out in this Privacy Policy, if:

  • The use of your Personal Information is necessary to perform a contract or take steps to enter into a contract with you (for example, to provide you with the Services or to provide you with our customer or technical support)

  • It is necessary for us to use your Personal Information to comply with a relevant legal or regulatory obligation

  • It is necessary for us to use your Personal Information for our legitimate interests as a business, provided that such use is at all times proportionate and respects your privacy rights.

 

Except in the event of judicial proceedings or authorities investigations, you are granted with the following rights.  If you live in the EU, you can:

  • Request confirmation that Personal Information about you is being processed or not, and access the Personal Information we store about you, as well as certain additional information

  • Request to receive Personal Information that you provide to us directly on a voluntary basis in a structured, commonly used and machine-readable format

  • Request rectification of your Personal Information that is under our control

  • Request erasure of your Personal Information

  • Object to the processing of personal data by us

  • Request the limitation of the processing of your Personal Information by us

  • Lodge a complaint with a supervisory authority

 

In such event you withdraw your consent to our privacy policy or treatment of your personal data, we may be obliged to cease to provide you with our products or services. However, please note that these rights are not absolute and may be subject to our own legitimate interests or regulatory requirements. If you have general questions about the Personal Information we collect and how we use it, please contact us as set out below.

 

In connection with providing the Services to our users, we may transfer information to affiliated entities or other third parties across the borders of your country or jurisdiction to other countries or jurisdictions around the world. By using the Services, you consent to the transfer of your information outside the EEA. 

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If you are located in the EEA, your Personal Information may only be transferred to locations outside the EEA if we are satisfied that an adequate or comparable level of protection is in place to protect the Personal Information. We will take reasonable steps to ensure that we have appropriate contractual agreements with our third parties to ensure that adequate safeguards are in place so that the risks of unlawful use, alteration, deletion, loss or theft of your Personal Information are minimized, and that such third parties act at all times in accordance with applicable laws. 

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Unless provided otherwise by applicable data protection laws, exercise of the mentioned rights may result in the payment of a fee covering the cost of request, retrieving and copying any material requested.

 

  11. CCPA Rights to Your Information 

If you are a California resident using the Services, the California Consumer Privacy Act (the "CCPA") may give you the right to request access to and deletion of your information. 

To exercise your right to access and delete your information, please contact us as set out below.

Users of the Services who are California residents under the age of 18 may request and obtain removal of any content they have posted by emailing us at the address set forth below under the "Contact Us" section.  Any such request must be marked "California Removal Request" in your email. Any request must provide a description of the content you wish to remove and information reasonably sufficient to enable us to locate such content. We reject all California Removal Requests that are not marked or sent correctly, and we may not be able to respond if you do not provide the correct information. Please note that your request does not guarantee a complete or exhaustive removal of the content concerned. For example, documents you have published may be republished by another user or a third party. 

 

  12. Governing Law

This Policy and your use of our website are governed by the laws of the British Virgin Islands. 

 

  13. Language

English version of this Privacy Policy shall prevail on the other versions. 

 

  14. Changes or Updates to the Privacy Policy

We may revise this Privacy Policy whenever necessary, in our sole discretion, and the most current version will always be posted on our website (as set forth in the "Last Revised" section). We encourage you to periodically review this Privacy Policy for any changes. In the event of significant changes, we will post a notice on our website to announce such changes.  If you continue to use the Services after you have been notified of changes on our website, this will constitute your acknowledgment of, and your consent to, such changes to the Privacy Policy and your agreement to be bound by the terms of such changes.

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This Policy comes in addition to any legally binding rights we may have in relation with the collect, use or disclosure of your Personal Data, or with any other consents we may already have with you regarding your Personal Data. 

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Please note that incomplete or outdated Personal Data may force us to cease providing you with the requested services and product.

 

  15. Contact us

If you have general questions about the Services or the information we collect about you, or how we use it, please contact us:

ART CAN DIE FZCO, Limited Liability Company, immatriculation L-1828, capital of AED 100,000, The Offices 4 – One Central, Floor 08 Dubai World Trade Centre, UAE ("ART CAN DIE" or "the Company").

Email : info@artcandie.com

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Last Revision: 22/11/2022