Privacy

1.        We respect privacy 

1. David Isbester Gallery (ABN 64 062 609 203) (“David Isbester”, “We”, “Us”, Our”) respects the right to privacy and is committed to safeguarding the privacy of users, customers, our website and social media visitors.  We adhere to the Australian Privacy Principles and other obligations contained in the Privacy Act 1988 (Cth) and the EU General Data Protection Regulation (“GDPR”). This policy sets out how we collect and treat personal information. 

1. “Personal information” is personal data and information we hold which is identifiable as being about an individual. 

1. This policy governs our treatment of personal information, including information that we gather when you access or use any online service location that posts a link to this Privacy Policy and also applies to your use of our website, products and services (collectively, the “Services”), but not to the practices of companies we don’t own or control, or people that we don’t manage. We gather various types of information from our users, and we use this information for you to interact with our Services, including to personalise, provide, and improve our Services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfil your requests for certain products and Services, and to analyse how you use the Services. In certain cases, we may also share some personal information with third parties.

2.     Collection of personal information 

2.1.     We will, from time to time, collect, receive and store personal information provided via the website or in the course of our Services, from you, provided to us directly or given to us in other forms.  Personal information is only collected in situations where you have:

(a)     consented; 

(b)     where there is a legitimate interest to disclose the information and; 

(c)     where the disclosure of personal information is required for the fulfillment of your agreement with us.

    2.2.     You may provide basic information such as your name, phone number, address, and email address to us directly, to enable us to send information, provide updates and process a product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, or when you provide information about your personal or business affairs, change content or email preferences, respond to surveys and/or promotions or provide financial or credit card information.

2.3    You may have the option of registering an account and logging into or otherwise linking to that account using a third-party account such as Facebook, Google or other account provided by a third-party site or application. If you choose to provide or log into your account using your credentials for a third-party platform we may have access to certain information from that site, such as your name, contacts or friend’s lists, account information, public profile, and email address. Consequently, if you provide your third-party account credentials, you acknowledge that this information, as well as other information for that account (collectively, “Third-Party Account Information”) may be transmitted into your David Isbester account if you authorise such transmissions. You further acknowledge that Third-Party Account Information transmitted to us is governed by this Privacy Policy. 

3.    What kind of personal information do we collect?

    3.1    The types of personal information we may collect include:

(a)    identifying information such as name and date of birth;

(b)    contact information such as home address, home and mobile phone numbers,        

    and email address; 

(c)    personal information you provide to us when you participate in a promotion, competition, promotional activity, survey, market research, subscribe to our mailing list;

(d)    your bank, credit or debit account details when you make a purchase; 

(e)    your records of communication with us and other users;

(d)    third party account credentials (such as social media and Google account 

    information);

(e)    physical location;

(f)    IP addresses; and

(g)    image

    3.2    You generally have the right not to identify yourself when dealing with us where it is lawful and practicable for us to allow it. However, if you choose to do so, we will not be able to provide our Services to you.

4.     How do we collect personal information?

4.1    We collect personal information in a variety of ways, including when you interact with us electronically, when you access our website or software applications and when we provide our Services. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.  We collect information that you provide directly to us or via third parties.  For instance, during the registration process (or when you update your account) you provide us with personal information such as your first and last name, email address, telephone number, and at your option, your social media platform credentials.

    4.2    Additionally, there may be instances where you find it necessary to communicate directly with us or where you have provided us with the means to communicate with you. For example, if you have given us your email address, we may send promotional email offers to you, notify you of any changes to the terms and conditions of the Services, or email you about your use of the Services. Also, we may receive data when you open an email from us or use our Services, including your contacts information. You are, however, free to opt out of receiving email marketing communications from us by the available unsubscribe functionality. Please note, however, that you may be unable to opt out of some administrative communications that are reasonably necessary to the Services, such as an order confirmation or service notifications

5.     Use of personal information 

    5.1     We may use personal information to provide you with information, updates, and our Services. We may also make you aware of new and additional products, services and opportunities available to you, provided by us, our partners, and service providers. We may use personal information to improve our product, Services and better understand individual and customer needs. 

    5.2    We may contact you by a variety of measures including, but not limited to telephone, email, sms, or mail.  

    5.3    We may also use your personal information to assist in the resolution of disputes between users of our Services.

6.     Disclosure and International transfer of personal information  

    6.1     We may disclose your personal information to any of our employees, officers, insurers, partners, contractual counterparties, professional advisers, agents, suppliers, customers, users or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information may be supplied to a third-party when it is required for the delivery of our Services, for dispute resolution or for marketing purposes.

    6.2     We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.   

6.3     We may also use personal information to protect our copyright, trademarks, legal rights, property or safety, and that of our customers or third-parties. 

6.4     If we provide personal information of other users to you for the purposes of resolving disputes, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify us against any claims relating to any other use of information not permitted by this policy.

6.5     Your personal information may be transferred to, held or processed in countries outside the European Economic Area (EEA). These countries include but are not limited to the United States of America (US) Hong Kong, Singapore, Taiwan, Finland, Belgium, Ireland, Chile, Hungary and the Netherlands, by us or via Google Analytics.

6.6     We have hosting facilities in Australia and the US. The European Commission has made an “adequacy decision” with respect to the data protection laws of Australia. 

6.7    You acknowledge that personal information that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal information by others. 

6.8     If there is a proposed or actual change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.  

    6.9    By providing us with personal information and expressly agreeing to this policy via a tick box or other direct consent facility, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy.  Where we disclose personal information to third parties, we will request that the third party follow this Policy regarding handling of personal information. 

6.10    If we provide a facility for communication between users of the Services, certain user profile information, including your username, phone number, location, and any image content that such user has uploaded to the Website may be displayed to other users to facilitate user interaction within the Services or address your request for our Services. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (in messages etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or products through the Services and other users can contact you through 

    messages and comments.

7.    Marketing and Opting-Out 

7.1    We may use your personal information for:

(a)    promoting, researching and marketing of our current and future applications, goods and services; 

(b)    informing you of upcoming events and special promotions and offers; and 

(c)    analysing our applications, goods and services so as to improve and develop new applications, goods and services.

7.2    We may exchange your personal information between our related entities and so they can also assist in the marketing of our applications, goods and services to you. 

7.3    We will only offer you applications, goods or services, where we reasonably believe that they could be of interest or benefit to you. 

7.4    At the point we collect information from you, you may be asked to “opt in” to consent to us using or disclosing your personal information.  You will generally be given the opportunity to “opt out” from receiving marketing communications from us.  

7.5    We also collect certain information that your mobile device sends when you use our services, like a device identifier, user settings, and the operating system of your device, as well as information about your use of our services while using the mobile device. We may use this information to provide the services and to improve and personalise our services for you.

7.6    We collect and store information about your location when you use the Website and use the location services made available through your device’s mobile operating system, which makes use of cell/mobile tower triangulation, wifi triangulation, and/or GPS. You understand and agree that by using our website you will be transmitting your device location to us and some of that location information, along with your user name, may be shared through the Website to other users. We may also use location information to improve and personalise our services for you.

8.     Security of personal information 

         We are committed to ensuring that personal information provided to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.  Although we take measures to safeguard against unauthorised disclosures of information, we cannot provide an assurance that in all cases personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.  

8.     Access to personal information & Rights under the GDPR

    8.1     You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth) and the EU GDPR 2018. A small administrative fee may be payable for the provision of information under the Privacy Act 1988 (Cth). If you are seeking a copy of the information that we hold about you or you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, you may email us at artisbester@gmail.com.

    8.2     We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act. 

    8.3    You have the following rights under the GDPR:

1. Right of Access – the right to access the personal information that we hold or process about you;
2. Right to Rectification – the right to update, correct or amend the personal information that we hold or process about you;
3. Right to Erasure – the right to request removal of personal information that we hold about you;
4. Right to Restrict – the right to stop processing all or some of your personal data;
5. Right to Object – the right to object to your personal information being used for direct marketing purposes;
6. Right to Data Portability – the right to request a copy of your personal data in electronic format; and
7. Right not to be subject to Automated Decision making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

9.         Complaints about privacy 

Please refer any queries or complaints about our Privacy Policy or privacy issues to artisbester@gmail.com.

           We will consider your question or complaint and respond to you in a reasonable time frame.

       We will ensure your complaint is handled by our Privacy Officer in an appropriate and reasonable manner. Where necessary we may consult with our related entities and partners in order to deal with your complaint. A written notice of our decision regarding your complaint will be provided to you. If you are not satisfied with the outcome, then you may contact the Office of the Australian Privacy Commissioner:

            Office of the Australian Information Commissioner

            Phone: 1300 363 992

10.       Dealing with unsolicited information 

            Unless there is a legitimate purpose for retention, we will take all reasonable steps to ensure that all unsolicited information is destroyed or de-identified as soon as practicable.

11.    Government identifiers 

           We do not use government identifiers (e.g. tax file numbers or Medicare numbers) to identify individuals.

12.    Changes to Privacy Policy 

    Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website. Please check back from time to time to review our Privacy Policy. 

13.     Website and Social Media

13.1     When a user visits our website or our social media sites, we may collect certain information such as browser type, operating system, website visited immediately before coming to our website, etc. This information is used in an aggregated manner to analyse how users use our website, such that we can improve our Services. 

13.2    We may from time to time use web beacons and cookies on our website. Web beacons (also known as web bugs, pixel tags, or clear GIFs) are tiny graphics with a unique identifier that may be included on our services to provide information or communicate with us. Cookies are very small files which a website uses to identify users when a user comes back to the site and to store details about that user’s use of the site. Cookies are not malicious programs that access or damage a user’s computer or device. Most web browsers automatically accept cookies but a user can choose to reject cookies by changing the browser settings. However, this may prevent a user from taking full advantage of our website.  

13.3     Our website may from time to time use web beacons or cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant advertising to website visitors through third parties. 

13.4    When you access our Services via your mobile device or computer, we may automatically collect information about your device or computer, including unique device identifiers (e.g., IMEI number, serial number, etc.), operating system, hardware model, etc. 

13.5    Our website may from time to time have links to other websites not owned or controlled by us. These links are meant for users’ convenience only. Links to third party websites do not constitute sponsorship, endorsement or approval of these websites. Please be aware that We are not responsible for the privacy practices of other such websites. We encourage users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.