Privacy Policy

Privacy Policy

This Privacy Policy was last updated on 28th April 2022.

This Privacy Policy may be changed periodically and without prior notice to you to reflect changes in our practices or to comply with any applicable laws. You are advised to regularly review the Privacy Policy for possible changes, although where we make substantial changes, we will try and give you notice of this.

1 When is this Privacy Policy applicable?

This Privacy Policy provides information on the processing of your personal data as a result of being (i) a visitor to and using the SMARTIFY website; (ii) a user of the SMARTIFY application by SMARTIFY CIC or one of its affiliate; and (iii) when you use the SMARTIFY Marketplace. In this Privacy Policy, we refer to the services we offer as the “Services”.

On the Services you may find a number of links to other websites or applications, in particular for the purposes of completion of mobile payments. Although these websites or applications are selected with care, we are not responsible for the processing of your personal data through these websites or applications. This Privacy Policy is therefore not applicable to the use of such websites or applications. Please consult the relevant third party’s privacy policy before providing your information.

2 Who is the controller of your data?

SMARTIFY CIC, a company registered in the U.K. with registered number 09903509 whose registered office is at 12 Frobisher Road, London N8 0QS, is the controller of your personal data.

3 What personal data do we collect and for what purpose do we process your personal data?

In this Privacy Policy we describe what personal data we process and for what purposes.

3.1 User service improvement and relationship management

Þ What does this purpose entail?

If you contact SMARTIFY with a question or a complaint, or with regards to your order from the Smartify Marketplace, we may ask you for certain information to identify yourself and to help us respond to your enquiry. We use any personal data supplied to improve our user support services. We may also use personal data supplied to improve user service or respond to an enquiry related to the Services.

Þ Which personal data do we process for this purpose?

To be able to respond appropriately to your question or complaint, we note details of your question or complaint in our user database. We may also ask you for contact details in order to keep you informed about your question or complaint. If you have a question or complaint relating to the usage of the Services, we may also ask for additional personal details to confirm your identity. We may also review your user history including time of when the Services was used, parts of the Services visited, information accessed and location to improve user service and to respond more effectively to your question or complaint.

3.2 Development and improvement of products and services

Þ What does this purpose entail?

SMARTIFY regularly conducts market research with its users through the use of surveys. We use your responses to such surveys for quality assessments and to improve your user experience.

Þ Which personal data do we process for this purpose?

If you choose to participate in our surveys, we may process the personal data provided by you when responding to that survey (including your name, age, address and e-mail address).

3.3 Account data

Þ What does this purpose entail?

If you register for an account on any of the Services.

Þ Which personal data do we process for this purpose?

Your name, date of birth, email address, contact details, purchase history, payment information.

3.4 Marketing

Þ What does this purpose entail?

As a user of the Services, we may send you marketing communications where we have consent to do so, or it is within our legitimate interests to do so. Further information about the marketing you will receive and the channels of communication it is delivered through (e.g. email, SMS), will be provided at the time communications commence.

Þ Which personal data do we process for this purpose?

For sending you marketing communications, we may process the personal data provided by you (including your name and e-mail address).

Þ Opting out of marketing

You can at any time stop receiving marketing communications by contacting us on info@smartify.org.uk or clicking the unsubscribe link at the bottom of any marketing emails. We will delete or render anonymous any personal data that is no longer needed to serve you with marketing communications.

3.5 Personalised Offers

Þ What does this purpose entail?

As a user of the Services, with your consent we may send you offers that are tailored towards your personal preferences based on analysing your usage history and your purchase history (“Personalised Offers”).

With Personalised Offers, we would like to notify you of SMARTIFY products, events and promotions that we believe may be of interest to you. Such Personalised Offers may include but are not limited to the issue of:

· discount coupons for shows, events or shop products of selected partners.

You may receive your Personalised Offers by email or through the SMARTIFY app.

Þ Which personal data do we process for this purpose?

In order to be able to provide you with Personalised Offers, SMARTIFY needs to understand your preferences. In order to be able to determine your preferences, SMARTIFY will analyse:

· Your use of the Services and e-mails you receive from us

This includes data regarding (i) artworks you scan, (ii) artist information you access, (iii) the time and place of using the Services and (iv) the artwork that you favourite within the Services (iv) the links you click, (v) the number of times you login, (vi) your location based on your IP-address, (vii) how you respond to or engage with e-mails sent by us; (viii) how you use the Services (including your location as obtained through the Services if this is something that you have previously consented to); and (ix) your purchases.

· Your participation in promotions

· Your responses to surveys

In order to determine your preferences, SMARTIFY may also combine your personal data already known by affiliates of SMARTIFY including your use of:

· the Services, coupons, social media, survey’s, promotions and other digital channels; and

· supplemental socio-demographic information about you from third party sources in order to analyse your previous purchases.

Þ Opting out of Personalised Offers

You can at any time stop receiving Personalised Offers by contacting us on info@smartify.org.uk. We will delete or render anonymous any personal data that is no longer needed to serve you with Personalised Offers.

3.6 Technical and functional management of the Services

Þ What does this purpose entail?

When you use the Services, we process some technical information about you (such as your IP address, your location as obtained through the Services if this is something that you have previously consented to, the artworks you scanned, the artist information pages you accessed, the links you clicked through, time spent within the Services, audio files you listened to) to provide you the functionalities of the Services and to manage them. This allows us to do things like resolve technical failures or to improve the reliability of Services.

Þ Which personal data do we process for this purpose?

We process technical data such as the IP address, your location and recorded venue visits and co-ordinates, internet services provider on SMARTIFY of your computer, tablet or smartphone, details of the pages you have visited within the Services, the web browser you use to surf, previous/subsequent sites that you have visited and the length of your visit/session.

3.7 Feedback and forum facilities

If at any time the Services offers any feedback and/or forum facilities (or similar), SMARTIFY may collect the information that you disclose in using such facilities. Such information will be used in accordance with this Privacy Policy. Please note that SMARTIFY cannot be held responsible for other parties' use of the personal data which you make available to such third parties through any feedback or forum facilities in this application. Please be careful about what personal data you disclose in this way.

3.8 Order information

Þ What does this purpose entail?

If you place an order with us we will collect personal information for the purpose of providing products or services to you that you have ordered, to process your payment information, arrange for shipping, provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and pass your details on to the museum partner (or their affiliate) who will be fulfilling your order. Any further use of your personal data by our museum partners or their affiliates will be covered by their privacy policy – make sure you read this before submitting an order.

Þ Which personal data do we process for this purpose?

To be able fulfil an order you place on the SMARTIFY Marketplace with us, we will need to collect from you personal information such as your name, billing address, shipping address, payment information (including credit card numbers etc.), email address and phone number.

3.9 Device information

Þ What does this purpose entail?

When you use the Services we collect your personal information in order to load the Services accurately for you, and to perform analytics on the Services in order to optimise the Services.

Þ Which personal data do we process for this purpose?

The type of personal information we process for this purpose includes the version of web browser you use, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Website. This information is collected automatically when you access our Website, for example using cookies as described in this Privacy Policy.

Our lawful basis for processing your personal data

When you access or use the Services, we will process your personal data for the purposes described in this Privacy Policy. We rely on a number of legal bases to use your information for the purposes described, including where:

4 Who has access to your data?

SMARTIFY may disclose your personal data to any of the following:

· Authorized third party companies involved in the operation of the Services.

· As part of the purchase process on the SMARTIFY Marketplace, SMARTIFY will share your personal data with the museum partner who will fulfil your order, as well as with delivery, shopping and payment partners of ours or that museum’s in order to fulfil your order. This includes Shopify who we use to power the SMARTIFY Marketplace. You can read more about how Shopify uses your personal information here: https://www.shopify.com/legal/privacy. The third parties we transfer your personal data to will each process your personal data in accordance with their own privacy policies. SMARTIFY is not responsible for personal data of yours under that third party’s control. We may also receive your personal data from our museum partners and other suppliers – this may include correspondence, contact details and order and delivery details.

· External third-party platforms and advertisers (such as Meta and Google) to help us identify customers similar to our audience or to serve relevant adverts and content to you on third party websites. The information shared with these advertisers is pseudonymised to protect your personal data.

· Any agents, service providers and/or subcontractors of SMARTIFY and its affiliates.

· Any person to whom SMARTIFY proposes to transfer any of its rights and/or duties.

· Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy.

Your personal data may be transferred outside of the United Kingdom (UK) or the Economic European Area (EEA). By way of example, this may happen if any of our servers are from time to time located in a country outside of the UK or EEA or one of our service providers is located in a country outside of the UK or EEA. SMARTIFY has taken the required organizational and/or contractual measures to ensure that your personal data is processed for the purposes mentioned above and that adequate levels of protection have been implemented in order to safeguard your personal data in accordance with applicable data protection laws.

With your consent, SMARTIFY may also share your information with other third parties including but not limited to our content partners and the venues you have visited (for example, museums and galleries). These third parties will use your information for the purposes detailed in this Privacy Policy.

Except as set out in this Privacy Policy, we will not disclose any personal data without your permission unless we are legally entitled or required to do so or if we believe that such action is necessary to protect and/or defend our rights, property or personal safety and those of our users/users or other individuals. Only if SMARTIFY is required to do so by law, will your personal data be provided to supervisory agencies, fiscal authorities and investigative agencies.

5 For what period do we retain your personal data?

Upon your request to discontinue your participation as a registered user of the Services we will delete your account given reasonable time. We will also close or deactivate inactive user accounts and close accounts that are used in violation of this Privacy Policy or our Terms and Conditions of Use or Terms and Conditions of Sale. Personal data from closed or deactivated accounts will be deleted or rendered anonymous as soon as is reasonably possible. Under certain circumstances we will retain personal data from closed or deactivated accounts for longer, such circumstances being the prevention of fraud or to otherwise take actions permitted or required by law.

6 Which cookies does SMARTIFY use?

The Services uses cookies or similar technologies. A cookie is a small text file that is sent to your internet browser so that we are able to recognise your browser when you return. SMARTIFY and its authorised service providers may use small graphic images known as pixels that work in conjunction with cookies to identify you and your use of the Services. SMARTIFY and such service providers may also use other technologies to store information in your browser utilising local shared objects or local storage, such as HTML 5 cookies, flash cookies and other web application software methods.

Using these technologies we can collect data on the use of the Services such as which pages are visited, your interaction with information on the Website and the duration of your visit. We do not use any non-essential cookies without your consent.

Functional cookies – SMARTIFY stores cookies that are essential in providing the functionalities of the Services. For instance, the cookies remember your preferences, such as language and region, which remain as your default settings when you revisit the Services. However, should you wish to do so, you can choose to reject or block the cookies set by SMARTIFY by changing your browser settings – see the Help function within your browser for further details.

Web analytics cookies – SMARTIFY may use third party cookies for web analysis. Such cookies allow SMARTIFY to analyse the usage of the Services. This relies on aggregated statistical data that SMARTIFY’s authorised service providers provide SMARTIFY and allows SMARTIFY to understand the way you use the Services. SMARTIFY and such service providers may only provide such data to third parties if this is required by law. We use Google Analytics, a web analytics service provided by Google, Inc. If you would like to opt-out of having your data used by Google Analytics, you can opt out here.

Advertising cookies – SMARTIFY may use third party cookies for advertising purposes. SMARTIFY may use authorised service providers to serve advertising on the Services and other websites on the internet. Such service providers may place cookies on your browser, and may collect information that helps them identify your device, such as IP-address, or other unique or device identifiers.

SMARTIFY does not retain a cookie longer than necessary. We use session cookies and permanent cookies:

• A session cookie can track usage such as the webpages you visit and what options you use. When you close the internet browser, the session is ended and the cookie is deleted.

• A permanent cookie enables the Services to recognize you at a subsequent visit. It remains on your system until you delete it.

If you reject the use of cookies you will still be able to visit our websites but some of the functions may not work correctly and you may no longer be able to use all the functionalities of the Services.

7 If you communicate with us through social media

Sharing our content through social media

If you choose to share the Services or any content through social media such as LinkedIn, Facebook and/or Twitter, your personal data (such as your name and the fact that you are interested in SMARTIFY) will also be visible to all the visitors of your personal webpage on LinkedIn, Facebook, Instagram and/or Twitter. On the use of such social media websites only the terms and conditions (including the privacy policy) of the social media website apply. SMARTIFY is not responsible for the processing of personal data or the privacy policy of such social media websites, and SMARTIFY's Privacy Policy is therefore not applicable.

Social media interaction

When you communicate with us through our social media pages (for example, when you post a comment, upload media, send a personal message or like our photos), we may receive personal data about you (such as your (user) name, profile photo, your hometown, your email address and your gender). How we use your personal data, is described in the applicable privacy policy, which applies in addition to (i) this Privacy Policy and (ii) the terms of use and other statements from the applicable social media platform. SMARTIFY encourages you to carefully read the terms of use and other statements from the applicable social media platform. Such terms of use and other statements may differ to this Privacy Policy.

8 How do we secure your personal data?

We have implemented technology and policies with the objective of protecting your privacy from unauthorised access and improper use.

9 Your rights

By law, you have a number of rights when it comes to your personal data. Further information and advice about your rights can be obtained from the data protection regulator in your country. In the UK, this is the Information Commissioner’s Office. Please contact us if you would like to exercise any of these rights. These rights include:

(a) The right to be informed – You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this Privacy Policy.

(b) The right of access – You have the right to obtain access to your information (if we’re processing it), and certain other information (similar to that provided in this Privacy Policy). This is so you’re aware and can check that we’re using your information in accordance with data protection law.

(c) The right to rectification – You are entitled to have your information corrected if it’s inaccurate or incomplete.

(d) The right to erasure – This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your information where there’s no compelling reason for us to keep using it. This is not a general right to erasure; there are exceptions.

(e) The right to restrict processing – You have rights to ‘block’ or suppress further use of your information. When processing is restricted, we can still store your information, but may not use it further. We keep lists of people who have asked for further use of their information to be ‘blocked’ to make sure the restriction is respected in future.

(f) The right to data portability – You have rights to obtain and reuse your personal data for your own purposes across different services. This enables you to move, copy or transfer your information easily between our IT systems and third parties safely and securely, without affecting its usability.

(g) The right to object – You have the right to object to certain types of processing, including processing for direct marketing (which we do only with your consent).

(h) The right to lodge a complaint – You have the right to lodge a complaint about the way we handle or process your personal data with your national data protection regulator.

(i) The right to withdraw consent – If you have given your consent to anything we do with your personal data, you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your personal data with your consent up to that point is unlawful). This includes your right to withdraw consent to us using your personal data for marketing purposes.

We usually act on requests and provide information free of charge, but may charge a reasonable fee to cover our administrative costs of providing the information for: (a) baseless or excessive/repeated requests; or (b) further copies of the same information. Alternatively, we may be entitled to refuse to act on such requests.

10 Contact

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@smartify.org.uk or by mail at: Smartify CIC, 12 Frobisher Road, London N8 0QS.