Gavagan Art Privacy Notice
Hello. This is our Privacy Notice. Please take some time to read it through.
Privacy Notice text
Gavagan Art is required under the UK General Data Protection Regulation as tailored by the Data Protection Act 2018 (UK GDPR), to notify you of how it collects and uses your personal data.
This Privacy Notice sets out the basis upon which we collect personal data from you, or which you may provide it to us, why we need it and how we will use it, in respect of your relationship with us as a visitor to our website, as a client or customer of ours or as an artist with whom we contract for the purpose of purchase, sale and supply of art. It also sets out what measures we have in place to ensure your data is safe.
1. WHO WE ARE AND IMPORTANT INFORMATION
Who we are
Gavagan Art (“we”, “us” or “our” in this Privacy Notice) was established in 2010 and presents temporary exhibitions of Modern and Contemporary Art.
Gavagan Art acts as a “data controller” and “data processor”, which means that we are responsible for deciding how to hold and use personal data about you.
Our contact details are:
Gavagan Art, Storey Institute, Meeting House Lane, Lancaster LA1 1TH
Tel. Mobile: 07799797961
We will take all reasonably necessary steps to ensure that your personal data is treated securely and in accordance with the UK GDPR, and also in accordance with the Privacy & Electronic Communications Regulations 2003 (“PECR”).
What is the purpose of this privacy notice?
This Privacy Notice aims to give you information on how we collect and process your personal data obtained through your dealings with us including through your use of this website, including any data you may provide through this website when you sign up to receive our newsletters and information about our exhibitions/events, when you create an account with us online, when you purchase products from Gavagan Art, when you enter into a contract with us.
Please note that our website is not intended for children and we do not knowingly collect data relating to children.
Third-party links outside of our control
Please also note that our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.
When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. THE PERSONAL DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. You can find out more about personal data from the Information Commissioners Office (https://ico.org.uk/ ).
We may collect, use, store and transfer different kinds of personal data about you. The sort of data that we may acquire will vary in nature depending on the basis of our relationship with you e.g. as a visitor to our website, a client/ customer, or as an artist.
Types of data which we may collect, store and use may include:
- your name, address, email, telephone number and other contact details;
- your date of birth;
- personal data to identify you such as your driving licence, passport, utility bill(s), electronic signatures, photographs, videos or voice.
- your bank account or other financial details;
- details of any feedback you give us, and this may be by phone, email, post or via social media;
- information about the product or services that we provide to you;
- your account details for our website, such as username, login details;
- your IP address, the browser you use, your operating system;
- the pages of our website, or other resources on that website, that you have accessed and when you accessed them;
- details of any documents or other resources that you have downloaded from our website; and
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
You do not have to share your personal data with us. However, if you fail to provide certain information when requested, we may not be able to honour our obligations to you, whether contractual, legal or otherwise.
3. HOW WE COLLECT YOUR PERSONAL DATA
If you are a visitor to our website, a client or customer, personal data shall be collected about you whenever you access our website, register with us, contact us, send us feedback, purchase products via our website, instagram page, by telephone or in person, complete forms on our website, take part in customer surveys, enter a contract or agreement with us.
If you are an artist we may collect personal data about you when you enter into a contract for the purchase/ sale/ supply of art or for the provision of services by us such as presentation of an exhibition.
Personal data may be collected by us directly, for example:
- As a visitor to our website or client/ customer, when you enter a contract with us, register with us, contact us, purchase products from us, complete forms or submit reviews on or via our website;
- where you provide us with your data during the course of your dealings with Gavagan Art;
- as part of and during the process of your joining Gavagan Art as a client/ customer, artist engaging with our business;
- If you are an artist , where data is collected with your knowledge from other companies with whom you may have a relationship such as companies with whom you work or organisations with whom you have had dealings and information or service providers;
- data obtained from public sources or social media (e.g. Facebook, Twitter, LinkedIn, Instagram).
Personal data may also be collected indirectly for example:
4. HOW WE WILL USE YOUR PERSONAL DATA
The controlling and / or processing of your personal data will be necessary to fulfil our obligations to you under contract or otherwise, as an art dealer, as a supplier of goods and services, including but not limited to in the following ways:
- to create and manage your account with us on our website or instagram page;
to verify your identity
- to contact you
- to receive and to make payments
- to provide goods and services to you;
- to customize our website and its content;
- to notify you of any changes to our website or to our services that may affect you;
- to improve our services;
- to administer an initial enquiry from you and to enable us to provide goods or services to you.
- to communicate with you regarding your enquiry sending over or presenting further information regarding the goods and or services to be provided
- to communicate with any third parties to provide or deliver solutions for your requirements such as eg a credit company/ finance provider
- to determine the terms of any contract/ agreement with you
- where applicable, to keep you up to date and report to you.
- where you are an artist, to demonstrate our working relationship together, creating case studies or profiles on our website or agreed publicity sent to third party industry publications so that Gavagan Art can demonstrate its work for future prospective clients
- to make arrangements for the termination of any relationship, contract or agreement between us.
- to generally promote Gavagan Art’s business and services
- to send marketing correspondence about our services, you can opt out and object to Gavagan Art sending you electronic marketing information or contacting you over the phone at any time. See ‘Your Rights’ below, for details.
- for business management and planning, including communicating with you when you have provided your contact details through our website.
- for dealing with legal disputes involving you and Gavagan Art
- for updating client/customer, or artist records.
- to monitor and keep records of our communications with you for some direct communications mainly for the purpose of promoting exhibitions and events in which Gavagan Art or Gavagan artists are involved.
- for accounting and auditing of our business
- for compliance with legal obligations to which Gavagan Art is subject: in certain circumstances we may be obliged to control and / or process your personal data to comply with our legal obligations including, without limitation, controlling and / or processing required for accounting and tax purposes. For detailed information on these legal obligations, please see the Information Commissioner’s website (see below). Please note that Gavagan Art may control and / or process your personal data, without your knowledge or consent, where this is required or permitted by law.
- to comply with any legal obligations upon our business.
Change of purpose
We will only use your personal data for those situations listed above, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If Gavagan Art needs to use your personal data for an unrelated purpose, you will be notified, and we will explain the legal basis which allows us to do so.
5. LEGAL BASES FOR USING YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, with the legal bases we rely on to do so.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact Gavagan Art on [email protected] if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Type of data
|Lawful basis for processing including basis of legitimate interest
|To register you as a new customer
|Performance of a contract with you.
|To process and deliver your order including:
|To manage our relationship with you which will include:
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
|Necessary for our legitimate interests (to study how customers use our website, to develop them, to grow our business and to inform our marketing strategy)
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
|To make suggestions and recommendations to you about goods or services that may be of interest to you
|Necessary for our legitimate interests (to develop our products or services and grow our business)
|To prevent or detect fraud either against you or against any other person involved in any mater in which you are involved.
|Necessary for our legitimate interests and legal obligation
|To preserve the confidentiality of commercially sensitive information
|Necessary for our legitimate interests (or those of 3rd parties) in relation to the protection of our, or another’s, intellectual property and other commercially-valuable information.
This processing may also rely upon your consent where this has been given.
|In connection with credit control and credit reference checks in relation to the products we supply.
|This processing relies upon your consent where this has been given, upon factors related to our legitimate interests in processing the data (in that we are seeking to provide products or services as part of our business, or the performance of a contract between us, and the steps needed to deliver those contractual products or services).
|Where necessary for us to do so in order to establish, exercise or defend a legal claim, whether in court proceedings or in an administrative or out-of-court procedure.
|Necessary for our legitimate interest
to purchase or to arrange for the loan of art from you;
to provide services to you eg presentation of exhibitions
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We may use your identity, contact, technical, usage and profile data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt – out links on any newsletter/ marketing message sent to you or by contacting Gavagan Art on [email protected] at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a purchase, product or other transaction as this will come under the lawful basis for contract.
6. WHO WE SHARE YOUR PERSONAL DATA WITH
When you give your personal data to Gavagan Art, some of the personal data you provide will need to be given to and processed and stored by relevant third parties. It may also be shared with other companies for the purposes of providing services to you including provision of credit/ finance.
Gavagan Art requires such third parties to respect the security of your data and to treat it in accordance with UK GDPR and we will not share or use your personal data in a way you would not expect under our (contractual) relationship with you.
Some of these third parties may be based outside of the UK and the EEA (European Economic Area).
When we transfer your information outside of the UK and the EEA in this way, we take steps to ensure that your personal information will be subject to one or more appropriate safeguards set out in data protection law including imposing contractual obligations on the recipient of your personal information or ensuring that the recipients are subscribed to ‘international frameworks’ that aim to ensure adequate protection, such as the Standard Contractual Clauses provided by the ICO.
Examples of external third party service providers acting as processors who we may use (for the purposes set out in the table in paragraph 4 above) are:
- suppliers, credit companies and banks;
- IT system administration services, cloud based hosting and storage services, digital marketing platforms, social & digital & email marketing tools & technologies, business management and file management & tools, software system providers including database, emails and document management providers (location – UK/EEA/ USA);
- social media platforms (location – UK/EEA/USA)
- As noted above, some of the above third parties are based outside of the UK and the EEA, in the USA for example.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances you can ask us to delete your data: see Your legal rights below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Unless subject to an exemption under the UK GDPR, you have the following rights with respect to your personal data:
- The right to request a copy of the personal data which we hold about you;
- The right to request that we correct any personal data if it is found to be inaccurate or out of date;
- The right to request your personal data is erased where it is no longer necessary to retain such data;
- The right to withdraw your consent to the processing at any time, where consent was the lawful basis for processing your data;
- The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), where applicable i.e. where our processing is based on consent or is necessary for the performance of our contract with you or where we process your data by automated means);
- The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
- The right to object to our processing of personal data, where processing is based on our legitimate interests (or in performance of a task in the public interest/exercise of official authority) and there is something about your particular situation which makes you want to object to controlling and / or processing on this ground;
- The right to object to our processing of personal data for direct marketing or processing for the purposes of scientific/historical research and statistics).
- The right to request that we suspend controlling and/ or processing of your personal data in certain circumstances such as you want us to establish to you the reason for processing it.
- The right to request the transfer of your personal data to another party.
If you wish to exercise any of the rights set out above, please contact Gavagan Art on [email protected].
No fee required – with some exceptions
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable admin fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10. YOUR DUTY TO US
It is important that the personal data we hold about you is accurate and current. Therefore, please keep us informed if your personal data changes so that we can update our records. Please contact Gavagan Art on [email protected].
11. CHANGES TO THIS PRIVACY NOTICE
We may change, revise, update this privacy notice at any time. We may also notify you in other ways from time to time about the controlling and / or processing of your personal data.
12. SOCIAL MEDIA LINKS ON OUR SITE.
Gavagan Art is not responsible for the content on the below social media platforms when you link to these sites: Twitter; Facebook; Instagram.
13. YOUR RIGHT TO WITHDRAW CONSENT
Where you may have provided your consent to the collection, controlling, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific purpose at any time.
To withdraw your consent, please contact Gavagan Art on [email protected] . Once we receive notification that you have withdrawn your consent, we will no longer control and / or process your personal data for the purpose or purposes you originally agreed to, unless we have another legal ground for doing so in law.
14. QUERIES, REQUESTS OR CONCERNS
To exercise all relevant rights, queries or complaints in relation to this policy or any other data protection matter between you and us, please in the first instance contact Gavagan Art on [email protected].
If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England, UK.
This Privacy Notice was last updated in April 2021.