The Policy (“the Policy” or “this Policy”) covers the Company and the Site:
- Background to the Policy
- The Company is a private company limited by shares incorporated under the Companies and Allied Matters Act, 1990, Cap C20, Laws of the Federation of Nigeria, 2004. The Company carries on the business of providing a central online platform for the listing of prize Nigerian art works in private and public collections (“the works”, each a “work”) and for this purpose has established the Site. Provided that, in this regard, the Company does not propose to authenticate or set any specific value on the works.
- This Policy covers how the Company treats user information that the Company collects and receives, including information related to your past use of the Site. “User information” is information about the user that is personally identifiable like the user’s name, address, email address, or phone number, age, sex, language and any other personal or preference information that you provide to us and that is not otherwise publicly available. This Policy does not apply to the practices of companies or other third parties that the Company does not own, employ, manage or otherwise control.
- The Company and its operations, including the Policy, are governed by the laws of the Federal Republic of Nigeria. Nonetheless, the Policy is based, as much as possible, on our understanding of international best practices in regard to the subject matter.
- Collection of User Information
- The Company collects user information about you whenever you:
- register with the Company or otherwise process or complete transactions from any employee or the agent of the Company for the purpose of transference onto the Site;
- register for a service on or other use of the Site, use the Company’s products or services, when you visit the Site or the Sites of certain partners of the Company, purchase products or services on or via the Site and when you enter our promotions; or
- either through the foregoing purposes in paragraphs 2.1(a) & (b) above or in any case, open a user account on the Site.
- The Company may combine user information about you that we have with information we obtain from business partners or other companies.
- Once you register with the Company and sign in to our services, you are not anonymous to us.
- Types and/or Sources of User Information
- The Company collects user information about you whenever you register or request to use our service or purchase a product via the Site. In any of such instances, depending on the type of service requested, we may require from you information as set out in the Schedule to this Policy (otherwise collectively referred to as “personally inputted information”).
- The Company also automatically receives and records information on our server logs from your browser including:
- your IP address;
- cookie information;
- information about your transactions with us and with some of our business partners, including information about your use of any financial products and services that we offer or that is offered through the Site or any feature on the Site including, without limitation, the page you requested or visited or the advertisement you clicked through or the purchases you made; and
- non-personally identifiable information including, without limitation, aggregate user data and browser type of users and visitors to the Site (all collectively referred to as “automatically inputted information”).
- Use or Purpose of User Information
- The Company will not use user information in any way, other than in accordance with this Policy.
- The user information collected by the Company is used:
- in accordance with the purposes set out in Clause 5 below or in any other part of this Policy subject to any provisos and exceptions therein; and
- without prejudice to the generality of the foregoing, for the purposes of disclosure to third parties in accordance with Clause 6 below or any other provision of this Policy.
- Purposes of Information
- Technical Administration of the Site:
- to create a user account for you which enables you to continue to use the services on the Site and receive future communications with respect to the services;
- With respect to financial information, to confirm the identity of users or our customers and bill customers for products and services. Unique identifiers (such as membership or debit/credit card numbers) are collected from you to verify your identity, seek authorisation and for use as account numbers in our record system.
To improve our services, conduct research and development, provide anonymous reporting for internal review and quality control/assurance and for external clients for research purposes.
- To administer and/or process your transaction;
- To authenticate users; and
- To contact users and send notifications relating to the services and relevant information on user’s interest areas including, without limitation, updates, news and events, openings etc.
To satisfy your request or expressed desire for future direct marketing information by supplying your information to any organizer of an event or seller of a product (or any relevant agent of such an organizer or seller) that falls into any category of events or products of which you have agreed to receive future information via direct marketing. You will be asked at the time of booking if you would like to receive this information. You may also change this choice in the future by contacting us with this request, although it may also be necessary for you to contact any other person who has obtained your information to indicate your choice at this stage.
- Trading in Personal Data:
To trade in personal data with third party business partners, subject to your personal identifiable information not being traded unless with your expressed preferences.
- Disclosure of User Information
- The Company will not disclose user information to third parties in any way, other than in accordance with this Policy.
- The Company will disclose your user information to a third party when:
- we have your consent to share your user information;
- We need to share your user information to provide the product or service you have requested;
- We need to assist business partner and other associates track visits to information regarding, and other business relating to, their products and services;
- We need to send the information to companies who work, to provide a product or services to you (Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to do their work in this regard);
- We respond to subpoenas, court orders, legal process, or to any legitimate request by authorities with which we are required to comply under any law or regulation applicable to us;
- When you conduct any financial transaction, such as a purchase of products through the Site, your consent is required to provide your financial or contact information to those third parties necessary to process such transaction, such as debit/credit card companies and the companies that handle shipping. We will not share financial or unique identifier information with third parties without such prior consent.
- Other user information, other than financial information, will be shared with third parties where such third parties are relevant to the accomplishment of the uses set out in Clause 5 above, subject to personal identifiable information about you not being transferred without your consent.
- Changing and Accessing Your User Information
- The Company uses its best endeavours to ensure that the information it obtains is accurate, complete and up to date. You may access or change your personally inputted information with the Company by logging into your user account and editing the said personally inputted information, including your marketing preferences, at any time.
- New categories of marketing preferences may be added by the Company from time to time and users who visit the Site may opt out of receiving future marketing communications regarding these new categories or they may unsubscribe by following instructions contained in the messages they receive.
- Certain communications from the Company, such as service announcements, administrative messages and the Company’s newsletter, are considered part of the Company’s user account scheme and you may not opt out of receiving them. You can however delete yourself completely from the user account scheme by following the direction on the Site or our communication to you.
- When you delete yourself from the user account scheme, you would be unable to use our services on the Site until you open another user account. Also, you would no longer receive any communication from the Company and the Company would no longer recommend you to third parties for any direct marketing purposes. However, while your user account will be deactivated and then deleted from our current active user database, please note that any information that we have copied may remain in back-up storage for some period of time after your deletion request for our internal accounting purposes.
- Data Security
The Company will endeavor to take all reasonable steps to keep secure any information that we hold about you. The Company has security measures in place to protect the loss, misuse and alteration of the information under our control. Our secure server software encrypts all of your personal information, including financial information, name, and address, so that it cannot be read by third parties.
- Publicly Accessible Areas
- The Site provides users at various times with services such as, but not limited to blogs, chat rooms, forums, message boards, and news groups. Please remember that any information you disclose in these areas becomes public information and may be indexed by search engines.
- You should exercise caution if you choose to disclose your personal information in such areas of the Site. Remember that this information may remain indefinitely in the publicly accessible area of the Site.
- You are solely responsible for any personally identifiable information that you disclose and disseminate on publicly accessible areas.
- If you have a concern about any personally identifiable information you have posted on any publicly accessible areas and are unable to delete or edit it, please notify us through our addresses provided in the Privacy Support & Contact Information below. We will endeavour, within a period of fourteen days from receipt of such notification, to delete the said information for and on your behalf, provided that our obligation in this regard shall be without prejudice to your continued sole responsibility as stated in paragraph 9.3 above.
- Your IP address: We use your IP address to help diagnose problems with our server, and to administer the Site. Your IP address is used to help identify you and to gather broad demographic information about you.
- The Company may set and access cookies or other technologies including, without limitation, web bugs to help us collect information about your usage of the Site on your computer for the purposes of:
- tracking your activities and transactions on the Site;
- delivering news, advertising and other contents specific to your interests;
- saving your password so you do not have to re-enter it each time you visit the Site;
- estimating our number of users and determine overall traffic patterns through the Site; and
- carrying out other activities relating to your activities or transactions on the Site, your user account and other services aimed at serving you better.
- The cookie information we store in cookies is not linked to personally-identifiable information you submit while on our Site.
- Links to other websites
- In furtherance of its activities, including without limitation online advertising, provision of support services for Nigerian visual arts industry and other services, the Company provides links, on the Site, to third party websites. These linked sites are not under the control of the Company, and we are not responsible for the privacy practices or content of third parties whose websites are linked to the Site.
- When linking to other websites and especially before disclosing your personal information thereon, we advise you to examine the privacy policies of those websites and be guided accordingly.
- Future changes
- The Company may update this Policy. We will notify you about significant changes in the way we treat user information by sending a notice to the primary email address specified in your personally inputted information or by placing a prominent notice on the Site.
- Your continued use of the Site indicates that you accept the Policy in place at that time of use.
- Privacy Support & Contact Information
If you have questions or suggestions, please complete a feedback form online at http://www.theartexchangelimited.com/Privacy or contact us using the information provided below:
Melrose Office Suites
Plot 26E Abdul Rahman Okene Close
Off Ligali Ayorinde Street
Victoria Island, Lagos