Bortolami LLC (“ Bortolami”, “ we”, “ us” or “ our” in this policy), is a commercial gallery representing artists worldwide, and operating in New York (“ Services”).
Bortolami is committed to protecting and respecting your privacy. This policy explains the basis on which personal information we collect from you will be processed by us. Where we decide the purpose or means for which Personal Data you supply through these Services is processed, we are the “data controller” for the General Data Protection Regulation 2016/679.
This policy explains the following:
Our Services may require the use of third parties. These third party websites may have their own privacy policies and we recommend you to review them. We do not accept any responsibility or liability for the privacy practices of such third parties and your use of them is at your own risk.
We collect and process the following information which may include your Personal Data.
Information provided by you when using our Services
You may give us information about you by filling in forms when using our Services, signing up to our newsletter or contacting us with enquiries. Such information can include:
(“ Personal Data”)
Information about you collected from Third Parties
In addition, we may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).
Providing the Services to you as a prospective or existing client
We may legally use and retain your Personal Data where we need to perform the contract we are about to enter into or have entered into with you, such as:
We may also legally use and retain the Personal Data you provide to us when requesting our Services, to pursue our legitimate interest of providing our Services to you, such as:
We may analyze certain types of information that you submit to us for the legitimate interest of improving the Services we offer to you and to provide you with a bespoke, tailored service and art advisory and consultancy service, based on your preferences, recommendations, interests and previous purchases and location.
We may share your Personal Data with our selected third party providers and suppliers for the performance of delivering our Service under the contract between you and Bortolami, including processing payments and delivering artwork to you in accordance with your instructions. Our third party suppliers will have their own processing terms.
We may use a third party payment Services provider to process payment for our Services, who will store, collect and process your payment details over SSAL (Secure Sockets Layer).
Providing the Services and acting for you as an artist or prospective artist
We may legally use and retain Personal Information that we collect about you for the legitimate interest of providing a bespoke artist consultancy and representation service to you, such as:
Compliance and prevention of Fraud and Illegal Activity
We may process Personal Data for the legitimate interests of ensuring that use of our Services is lawful and non-fraudulent, does not disrupt the operation of our Services, does not harass our staff or other individuals, and to enforce our legal rights and comply with our legal obligations, including compliance with anti-money laundering regulations (if and where applicable).
We process Personal Data for the legitimate interest of complying with HMRC requirements by retaining records of customer purchases and transactions.
Where we reasonably believe that you are or may be in breach of any of the applicable laws, we may use your personal information to inform relevant third parties such as your email/internet provider or law enforcement agencies about the content.
We use various forms of marketing to provide you with promotional materials about our Services.
We may process your contact information that you provide to us (either via our website or through use of our Services) for the purposes of marketing in accordance with our legitimate interests to send you information about gallery exhibitions and events. We may use third party email providers, such as Mailchimp, to process these marketing emails.
We may also disclose your name and contact information to our affiliates mentioned above who provide the same type of products and services, to enable them to market their products and services to you.
If you would like to be removed from this mailing list, please contact us at email@example.com or click on unsubscribe at the bottom of each marketing email.
To understand how our Services are used
We process cookies to understand how visitors use our website and to compile reports on website activity.
This processing is necessary for us to pursue our legitimate interest in improving our website, and providing a more relevant service to our customers. This information is not used to develop a personal profile of you.
You have the following rights over the way we process Personal Data relating to you. We aim to comply without undue delay, and within one month at the latest.
Ask for a copy of data we are processing about you and have inaccuracies corrected
You have the right to request a copy of the personal information we hold about you and to have any inaccuracies corrected.
We will use reasonable efforts to the extent required by law to supply, correct or delete personal information held about you on our files (and with any third parties to whom it has been disclosed to).
Object to us processing data about you
You can ask us to restrict, stop processing, or to delete your Personal Data by contacting us at firstname.lastname@example.org if:
If you inform us that you would no longer like us to store or process your Personal Data then we may not be able to offer you a fully tailored, bespoke service.
Obtain a machine readable copy of your Personal Data, which you can use with another service provider
Make a complaint to a Supervisory Authority
We do not knowingly solicit data from or market to children under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com. We will delete such information from our files within a reasonable time.
We will take all reasonable technical and organizational precautions to prevent the loss misuse or alteration of your personal information.
Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
We will notify you of any changes to this policy by email, notice on the website or account message.
March 26, 2020