Privacy Policy
Privacy Policy
Privacy Policy
This Privacy Policy governs your use of the website subjektiv.art ("Website") and explains what personal data is collected when you use the Website and how such personal data will be processed.
By using the service, you represent and warrant that (i) you have read, understand and agree to this privacy policy, and (ii) you are over 16 years of age. If you do not agree, or are unable to make this representation, you must not use the Website. In such case, you must delete your account and contact us and request deletion of your data.
“GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
“EEA” includes all current Member States to the European Union and the European Economic Area.
“Process”, in respect of personal data, includes to collect, store, use, and disclose to others.
1. Personal Data Controller
Subjektiv LTD, a company registered under the laws of England and Wales under number 14865601, having its registered office at 86-90 Paul Street, London, England EC2A 4NE will be the controller of your personal data.
2. Categories of personal data we collect
We collect data you give us voluntarily (for example, when you register on the Website or send us an email). We also collect data automatically (for example, your IP address).
2.1. Data you give us
You provide us information about yourself when you register for and/or use the Website. For example: email address, full name, home and billing address, phone number, date of birth, tax identification number (TIN) and the jurisdiction which issued it.
2.2. Data we collect automatically
a. Data about how you found us.
We collect data about your referring URL (that is, the place on the Web where you were when you tapped on our ad).
b. Device and location data
We collect data from or about your device. Examples of such data include: language settings, IP address, location, time zone, type and model of a device, device settings, operating system, Internet service provider, mobile carrier, hardware ID, and Facebook ID. We may associate the data we collect from your different devices, which helps us provide consistent services across your devices.
c. Usage data
We record how you interact with the Website. For example, we log the features and content you interact with, the time and duration of your sessions, how often you use the Website, and other interactions.
d. Transaction data
When you make payments through the Website, you need to provide financial account data, such as your credit card number, to our third-party service providers. We do not collect or store full credit card number data, though we may receive credit card-related data, data about the transaction, including: date, time and amount of the transaction, the type of payment method used.
e. Cookies
A cookie is a small text file that is stored on a user's computer for record-keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our Website. A persistent cookie remains on your hard drive for an extended period of time. We also use tracking pixels that set cookies to assist with delivering online advertising.
Cookies are used, in particular, to automatically recognize you the next time you visit the Website. As a result, the information, which you have earlier entered in certain fields on the Website may automatically appear the next time when you use the Website. Cookie data will be stored on your device and most of the times only for a limited time period.
3. For what purposes do we process your personal data?
We process your personal data:
3.1. To provide services to you
This includes enabling you to use the Website in a seamless manner and preventing or addressing Website errors or technical issues. For example, we use your data to authenticate you and authorize access to our Website.
3.2. To customize the Website for you
We select the payment processor available to you; we may also use your data to determine your eligibility for promotions.
3.3. To manage your account and provide you with customer support
We process your personal data to respond to your requests for technical support, Website information or to any other communication you initiate. This includes accessing your account to address technical support requests. For this purpose, we may send you, for example, notifications or emails about the performance of our Website, security, payment transactions, notices regarding our Terms and Conditions of Use or this Privacy Policy.
3.4. To communicate with you regarding your use of our Service
We communicate with you, for example, by email or directly on the Website, including through push notifications. As a result of such processing, we may send you messages about your statistics, such as how many users reviewed the Item you listed.
3.5. To research and analyze your use of the Website
This helps us to better understand our business, analyze our operations, maintain, improve, innovate, plan, design, and develop the Website and our new products. We also use data for statistical analysis purposes, to test and improve our offers. We analyze the data we have to evaluate our Website, and conduct audits and troubleshooting activities to improve our Website content and layouts. As a consequence, we often decide how to improve the Website based on the results obtained from this processing. For example, if we discover that users do not often use certain section of the Website, we may focus on improving this section.
3.6. To process your payments
We provide paid products and/or services within the Website. For this purpose, we use third-party services for payment processing (for example, payment processors). As a result of this processing, you will be able to make a payment for paid features of the Website. We will not store or collect your payment card details ourselves. This information will be provided directly to our third-party payment processors.
3.7. To show and/or send you marketing communications
We process your personal data for our marketing campaigns. We may add your email address to our marketing list. As a result, you will receive information about our Website, features, offers, promotions, or other news or information about services that may be of interest to you. If you do not want to receive marketing emails from us, you can unsubscribe following instructions in the footer of the marketing emails.
3.8. To personalize our ads
We and our partners use your personal data to tailor ads and possibly even show them to you at the relevant time.
3.9. To enforce the Terms and to prevent and combat fraud
We use personal data to enforce our agreements and contractual commitments, to detect, prevent, and combat fraud. As a result of such processing, we may share your information with others, including law enforcement agencies (in particular, if a dispute arises in connection with the Terms).
3.10. To comply with legal obligations
We may process, use, or share your data when the law requires it, in particular, if a law enforcement agency requests your data by available legal means.
4. Legal basis for data processing (applies only to EEA based users)
In this section, we explain what legal basis we use for each particular purpose of processing. For more information on a particular purpose, please refer to Section 3. This section applies only to EEA-based users.
We process your personal data under the following legal basis:
4.1. Your consent
To send you marketing communications
4.2. To perform our contract with you
Under this legal basis we:
  • Provide the services
  • Customize your experience
  • Communicate with you regarding your use of the Website
  • Manage your account and provide you with customer service and support
  • Process your payments
4.3. For our (or others) legitimate interests, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data
We rely on legitimate interests:
  • to communicate with you regarding your use of our Website
This includes, for example, sending you notifications indicating that you have received a new message from a Seller. The legitimate interest we rely on for this purpose is our interest to encourage you to use our Website more often. We also take into account the potential benefits to you of contacting the Seller and purchasing a desired Item.
  • to research and analyze your use of the Website
Our legitimate interest for this purpose is our interest in improving our Website so that we understand users’ preferences and are able to provide you with a better experience (for example, to make the use of the Website easier and more enjoyable, or to introduce and test new features).
  • to send you marketing communications
The legitimate interest we rely on for this processing is our interest to promote our Website in a measured and appropriate way.
  • to personalize our ads
The legitimate interest we rely on for this processing is our interest to promote our Website in a reasonably targeted way.
  • to enforce the Terms and to prevent and combat fraud
Our legitimate interests for this purpose are enforcing our legal rights, preventing and addressing fraud and unauthorized use of the Website, non-compliance with the Terms.
4.4. To comply with legal obligations.
5. With whom do we share your personal data?
We share information with third parties that help us operate, provide, improve, integrate, customize, support, and market our Website. We may share some sets of personal data, in particular, for purposes indicated in Section 3 of this Privacy Policy. The types of third parties we share information with include, in particular:
5.1. Service providers
We share personal data with third parties that we hire to provide services or perform business functions on our behalf, based on our instructions. We may share your personal information with the following types of service providers:
  • cloud storage providers (Google Cloud Platform, servers.com);
  • cloud storage providers (Google Cloud Platform, servers.com);
  • marketing partners (in particular, social media networks, marketing agencies, email delivery services, Facebook, Google);
  • payment processing contractors.
5.2. Law enforcement agencies and other public authorities
We may use and disclose personal data to enforce the Terms, to protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others, to comply with our mandatory reporting obligations, e.g. tax reporting, and to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, or in other cases provided for by law.
5.3. Third parties as part of a merger or acquisition
As we develop our business, we may buy or sell assets or business offerings. User's information is generally one of the transferred business assets in these types of transactions. We may also share such information with any affiliated entity (e.g. parent company or subsidiary) and may transfer such information in the course of a corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
6. How you can exercise your privacy rights
To be in control of your personal data, you have the following rights:
Accessing / reviewing / updating / correcting your personal data. You have the right to review, edit, or change the personal data that you had previously provided to us. If you would like to receive a copy of your personal data that we process, please send us a data access request at support@subjektiv.art.
Deleting your personal data. You can request erasure of your personal data, as permitted by law. When you request deletion of your personal data, we will use reasonable efforts to honor your request. In some cases we may be legally required to keep some of the data for a certain time; in such event, we will fulfill your request after we have complied with our obligations.
Please note that the deletion of a user's account shall not affect the Artwork listed on the Website by that user or the review given by that user on the Website. Once the Artwork is listed on the Website, it shall remain on the Website indefinitely and shall not be deleted from the Website.
Objecting to or restricting the use of your personal data. You can ask us to stop using all or some of your personal data or limit our use thereof.
Additional information for EEA-based users. If you are based in the EEA, you have the following rights in addition to the above:
The right to lodge a complaint with supervisory authority. We would love you to contact us directly, so we could address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or where the alleged infringement has taken place.
The right to data portability. If you wish to receive your personal data in a machine-readable format, you can do so by requesting a copy of your personal data as described below.
To exercise any of the available to you privacy rights, please send a request to support@subjektiv.art.
You may submit requests through your authorized agent, in which case we will need to verify the agent's identity, your identity, and their authority to act on your behalf before we can process the request.
7. Data retention
We will store your personal data for as long as it is reasonably necessary for achieving the purposes outlined in this Privacy Policy (including providing the Service to you), which includes (but is not limited to) the period during which you have an account with the Website, unless a longer retention period is required or permitted by law.
We will also retain and use your personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Please note that we have a variety of obligations to retain the data that you provide to us, including to ensure that transactions can be appropriately processed, settled, refunded, or charged-back, to help identify fraud and to comply with anti-money laundering, tax reporting and other laws and rules that apply to us and to our financial service providers. Accordingly, even if you disable/delete your profile, we will retain certain data to meet our obligations.
8. Age limitations
We do not knowingly process personal data from persons under 16 years of age. If you learn that anyone younger than 16 has provided us with personal data, please contact us at support@subjektiv.art.
9. International data transfers
We may transfer personal data to countries other than the country in which the data was originally collected in order to provide the Service set forth in the Terms and for purposes indicated in this Privacy Policy. If these countries do not have the same data protection laws as the country in which you initially provided the information, we deploy special safeguards.
In particular, if we transfer personal data originating from the EEA to countries with not adequate level of data protection, we use one of the following legal bases: (i) Standard Contractual Clauses approved by the European Commission, or (ii) the EU-U.S. Privacy Shield Framework, or (iii) the European Commission adequacy decisions about certain countries.
10. California privacy rights
This section applies only to residents of California, United States. It provides additional details about how we process personal data of California consumers and the rights available to them under the California Consumer Privacy Act (“CCPA”) and California's Shine the Light law.
For more details about the personal information we have collected, including the categories of sources, please see Section 2 above. We collect this information for purposes described in Section 3 this Privacy Policy. We may also share your information with certain categories of third parties as indicated in Section 5. We do not sell (as such term is defined in the CCPA) the personal information we collect.
Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt-out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.
California consumers may make a request pursuant to their rights under the CCPA by contacting us at support@subjektiv.art. We will verify your request and inform you accordingly. You may also designate an authorized agent to exercise these rights on your behalf.
Access rights under California's Shine the Light
California also provides its residents with additional access rights. Under Shine the Light law, the residents have the right to ask companies once a year what personal information they share with third parties for those third parties direct marketing purposes.
To obtain this information from us, please send an email message to us at support@subjektiv.art, which includes “Request for California Shine the Light Privacy Information” on the subject line and your state of residence and email address in the body of your message. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
11. How do we handle “do not track” requests?
Except as otherwise stipulated in this Privacy Policy, the Website does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
12. Changes to this privacy policy
We may modify this Privacy Policy at any time. If we decide to make material changes to this Privacy Policy, you will be notified through our Website or by other available means and will have an opportunity to review the revised Privacy Policy. By continuing to access or use the Website after those changes become effective, you agree to be bound by the revised Privacy Policy.
13. Contact us
If you have any questions or concerns about this Privacy Policy or our collection, use, or storage or your data, please do not hesitate to contact us at:
E-mail: support@subjektiv.art