Privacy Policy
Anna Schwartz Gallery is committed to respecting your privacy.
This Privacy Policy applies to all Anna Schwartz Gallery operations. It explains how we collect, use and disclose your personal information and our reasons for doing so, as well as your privacy rights.
By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy.
This Privacy Policy was last updated on 10 September 2020. We may update it from time to time and will post any revised policy on this web page.
It is important to us that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
1. Who we are
Anna Schwartz Gallery is the trading name of The Trustee for THE ANNA AND ZAHAVA TRUST (ABN 35 324 815 210). In this Privacy Policy, ‘us’, ‘we’, ‘our’ and ‘Anna Schwartz Gallery’ are used to refer to this entity.
2. What personal information do we collect?
We only collect personal information for purposes which are directly related to our services and activities, such as adding you to our subscriber database (with your consent) and providing you with details about our exhibitions and artworks that may interest you.
We may collect the following types of personal information:
- contact details, including name, mailing and street address, email address and telephone numbers;
- financial details, including your bank account details (if we need to pay you) or payment card details or bank transfer receipt (if you need to pay us);
- identification information, including age, date of birth, social media account handles, identification documents (including photo) and the results of identification verification checks;
- details of the artworks you have that you have enquired about and/or purchased, including any additional information about you necessary to respond to your enquiries and give effect to those purchases, such as tax paid or withheld, duties paid and shipments;
- details about the person or organisation who has introduced you to us, and any fee they receive;
- your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the Website, ad data, IP address and standard web log information;
- information relating to you that you provide to us through our website or to our representatives, such as your marketing and communication preferences, and information about artistic preferences and collections;
- information about you contained in images and footage of you, such as photographs and films of Anna Schwartz Gallery’s exhibitions and artist performances, and video from CCTV cameras installed at our gallery premises (in compliance with relevant surveillance legislation);
- with your consent, your health or sensitive information, such as your dietary requirements (allowing us to ensure that our events are tailored to your needs), disabilities or specific needs; or
- any other personal information that may be required in order to facilitate your dealings with us.
3. When do we collect personal information?
We may collect these types of personal information directly from you when you:
- subscribe to receive news about Anna Schwartz Gallery, including upcoming exhibitions and events;
- express an interest in buying or selling an artwork to one of our staff or representatives;
- ask us to send you information, including about artists and their works;
- respond to an invitation to attend an exhibition or event;
- attend an exhibition or event at Anna Schwartz Gallery; in particular, we may require you to complete our registration log to assist with COVID-19 contract tracing; we also use CCTV on our premises, including in our gallery spaces, for the security of our staff, our visitors and the artworks that we exhibit and sell. We may also have staff photographers documenting events;
- visit us at an art fair;
- purchase an artwork, publications or other goods from us;
- communicate with us through any form of correspondence, chats, email, our website or when you share information with us from social media platforms, applications, or websites;
- interact with our website, services, content and advertising; or
- apply for a job or position with us.
We may collect these types of personal information from third parties, such as:
- a person or organisation who facilitates an introduction from us to you, or facilitates the purchase of an artwork on your behalf;
- an online art platform; including [Daata, Occula]
- a recruitment consultant, previous employers and others who may be able to provide information to us to assist in our decision on whether or not to make you an offer of employment or engage you under a contract;
- our business service providers, contractors and agents; including Google Analytics, Sked Social and Campaign Monitor.
4. Why do we collect personal information?
We may collect, hold, use and disclose your personal information for the following purposes:
- to add you to our subscriber database to receive news about Anna Schwartz Gallery, including upcoming exhibitions and events that may interest you (with your consent);
- to register you as a new client;
- to engage with you where you are a current or potential client and your agents;
- to manage and develop our relationship with you, including sending you information requested by you;
- to create and maintain records on artworks to assist with valuations and checks on authenticity, provenance and title;
- to host and entertain you at our events and exhibitions;
- to administer events sponsored or managed by us or our partners;
- to arrange your attendance at external events, such as art fairs and events which we host/co-host;
- to operate, protect and optimise our business, website and social media accounts (including troubleshooting, data analysis, users’ experience, testing, system maintenance, supporter, reporting);
- to keep you, our staff, and artworks on our premises secure;
- to collect and recover money owed to us;
- to comply with our legal and regulatory obligations, including providing your personal information to relevant health authorities who undertake COVID-19 contact tracing activities (if we are requested to do so), to resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
- to consider your employment application.
5. Do we use your personal information for direct marketing?
Making you aware of carefully selected information about Anna Schwartz Gallery and our artists is an integral part of our services. We may send you direct marketing communications in the form of emails, and other forms of communication.
You may opt-out of receiving such communications from us by contacting us using the details set out below or by using the opt-out facilities provided (e.g. an unsubscribe link).
6. To whom do we disclose your personal information?
We do not transfer your personal information to organisations who wish to use it for their own marketing promotions or other purposes.
We may disclose your personal information for the purposes described in this Privacy Policy to:
- our employees;
- third party suppliers and service providers, including IT consultants and IT systems and cloud storage providers, social media scheduling and email marketing providers, our banks, payment system operators, shippers, storage warehouses, insurers, experts who help us with artworks (such as conservators), photographers, professional advisers and art consultants, event venues including art fairs (where you wish to have a pass).
- anyone to whom our assets or businesses (or any part of them) are transferred;
- other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.
Where we do disclose your personal information, it will be on the basis that these individuals and organisations are required to keep the information confidential and secure, and they will only use the information to carry out the instructed services.
7. Disclosure of personal information outside Australia and the EU or EEA
We may disclose personal information outside of Australia and the EU or EEA (European Economic Area) to the individuals and organisations described above, including third party suppliers and service providers located in Canada.
When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and the EEA. While we are not required to ensure that overseas recipients handle that personal information in compliance with Australian privacy law or The European Union General Data Protection Regulations (GDPR), we will take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Australian Privacy Principles, the GDPR and this Privacy Policy. We will also use seek to include the EU Commission-approved standard contractual clauses in the form of an appropriate data transfer agreement.
8. How long will we keep your personal information?
We will retain your personal information for as long as we consider necessary to provide the relevant services and to maintain business records for tax, legal and regulatory reasons.
In the context of our research and records relating to sales and ownership of artworks to assist with valuations and checks on authenticity, provenance and title, we will keep this data for as long as the record is relevant to our legitimate business interest and the public interest.
We keep an archive, which documents artists, their practices, exhibitions and events over a number of years. All information stored in the archive is kept securely. Information in the archive is held by Anna Schwartz Gallery indefinitely consistent with our legitimate interest in documenting the careers of artists represented by Anna Schwartz Gallery.
9. Using our website and cookies
We may collect personal information about you when you use and access our website. While we do not use browsing information to identify you personally, we make use of cookies and other similar tracking devices to store information relating to your visit such as a unique identifier, or a value to indicate where you have seen a webpage. You can disable cookies through your internet browser but our website may not work as intended for you if you do so.
We may also use cookies to enable us to collect data that may include personal information. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.
10. Security
We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. Notwithstanding these efforts, we cannot guarantee the security of your personal information held in our systems, nor that that information you supply through the internet or any computer network is entirely safe from unauthorised intrusion, access or manipulation during transmission. Any transmission is at your own risk and we will not be liable for any resulting misuse of your personal data.
Our emails and website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage you to read them before using those websites.
11. Accessing or correcting your personal information, withdrawing consent
You can access the personal information we hold about you by contacting us using the contact details below. We may also need to verify your identity when you request your personal information.
If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected. You can also request us to complete information if you believe it is incomplete.
You can also object to the collecting, use or disclosure of your personal information by us, or withdraw your consent to such processing by us, or request that we erase, restrict or transfer your personal information to another organisation or directly to you. If you would like to make such a request, please contact us using the information below.
12. Making a complaint
If you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
You may raise a complaint with the Information Commissioner’s Office (ICO) or your local regulator if you consider that we have infringed applicable data privacy laws when processing your personal data. However, we would appreciate the chance to deal with your concerns before you approach the ICO or your local regulator, so please contact us in the first instance.
13. Contact Us
For further information about our Privacy Policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:
Information Officer
Anna Schwartz Gallery
185 Flinders Lane
Melbourne 3000
Telephone +61 3 9654 6131
mail@annaschwartzgallery.com
Effective From: 10 September 2020
Last Updated: 14 September 2020