Privacy Policy

New Art Day Privacy Policy

Last Updated: June 30, 2024

This Privacy Notice (“Privacy Notice” or “Notice”) outlines how we collect, use, share, manage, disclose, or process your personal information as a visitor or buyer when you visit our website at [www.newartday.com](http://www.newartday.com) (the “Site”). This includes any services, software, tools, features, or functionalities provided by New Art Day (each a “Service” and collectively the “Services”) that link to this Privacy Notice.

We adhere to applicable data protection and privacy laws (“Data Protection Laws”) to secure your personal information and respect your privacy rights. Specific provisions relevant to users in different regions are included below.

The terms “personal data” and “personal information” are used interchangeably in this Privacy Notice and refer to any information about a living individual from which that individual can be identified. “Processing” refers to any operation or set of operations performed upon personal data, including collecting, using, storing, deleting, organizing, structuring, altering, combining with other data, transmitting, or disseminating.

It is important to read this Privacy Notice along with any other privacy notices or fair processing notices we may provide on specific occasions when we are collecting or processing personal information about you. This Privacy Notice supplements these other notices and privacy policies and is not intended to override them. By using the Services, you acknowledge that you have read this Privacy Notice and understand how we collect, share, or process your personal data and your privacy rights as described in this Notice.

Where our Services include third-party content and links to other third-party websites, we are not responsible for the privacy practices or content of these third-party websites. You are encouraged to review the privacy policies of any websites you visit.

1. Our Details and How To Contact Us

WebIncentive LLC is the controller of your personal data in relation to this Privacy Notice, including for the purposes of UK and EU data protection legislation. References to “WebIncentive,” “we,” “us,” or “our” in this Privacy Notice refer to the relevant company responsible for processing your personal data in the applicable context. This Privacy Notice does not apply to personal data that WebIncentive processes solely on behalf of another organization.

If you have any questions about this Privacy Notice or our processing activities, you can contact us at:

WebIncentive LLC
Attn: Legal Department
Chemin de la Brume 2
CH-1110 Morges
Switzerland

support@newartday.com

2. Personal Information that We Collect from You

Account Data You Directly and Voluntarily Provide to Us 

We collect and process the following personal information you provide if you register, download, or use the Services, enrol in our mailing lists or text message campaigns, apply for a job, interact with customer support, make a purchase, or otherwise communicate with us through the Services:

• Name
• Email Address
• Mailing Address
• Phone Number
• Date of Birth
• Passport Number, Driver’s License, or State Identification Card Number
• Interests, Favorites, and Preferences
• Username
• Password
• Other Registration Information
• Customer Support or Technical Information you provide when you contact us
• Details of transactions through the Services, including purchases and order fulfilment
• Other information you provide through promotions or surveys

User Profile Data 

If you create an account with the Services, you also create a user profile visible to other users. By default, this profile includes your name (and on newartday.com, it also includes your likes and followers), but you can add more information such as pages you follow, likes, and interests. You can adjust your account settings to make certain profile information private. Even if you make your profile private, we will still access and view the information you provide.

Personal Contacts 

With your consent, we collect personal information about others, such as first and last names, email addresses, and phone numbers of your personal contacts when you send them benefits, coupons, or discounts. We use this information to fulfill your requests, including sending them a text message if applicable. We will not send marketing communications to your contacts unless they have a separate relationship with us and have consented to receive such communications. By using this functionality, you acknowledge and agree that both you and your contacts are in jurisdictions where this is legally permissible and that you have your contacts’ consent for us to use their information.

Artist Data 

If you are accessing the Services as a current or potential affiliate artist on newartday.com, we ask you to provide your name, legal name, a copy of a government-issued ID, contact information, address, and financial information. You may also voluntarily provide additional information in the Biography, Education, Events, and Exhibitions sections of our website, which may include employment information.

Public Data You Post Through the Services 

If you post information on your user profile or other public areas of the Services, such as reviews, comments, and user content, it may be collected and used by us, other users, and the public generally. We strongly recommend that you do not post any information through the Services that allows strangers to identify or locate you or others or that you do not want to share with the public.

You may voluntarily submit other information to us through the Services that we do not request. In such instances, you are solely responsible for that information.

3. Information We Automatically Collect from Your Device or Browser

In addition to the information you provide, where legally permitted, the Services automatically collect and process information from your device or browser. This includes:

• Device Registration Data: This may include the type of mobile device you use, your mobile device’s advertising ID, your IP address, operating system, or browser type.
• Device Settings: For example, your language preference.
• Mobile Carrier
• Information about how you use the Services: This includes tracking technology that informs us how often you use the Services and which pages you view.
• Requested and Referring URLs: For example, when you are referred to us by an affiliate partner URL or request to visit an affiliate partner’s URL linked on our Services.
• Imprecise location data collected through your device: We collect your IP address.
• Data collected through cookies and other tracking technologies: Including your IP address, domain name, browser version, operating system, traffic data, web logs, and other communication data. Please refer to our [Cookie Notice]() for more information.

Information that is “de-identified” or “anonymized” to the standard required by applicable law is not subject to this Privacy Notice and is treated as non-personal information, meaning we can use it without restrictions or obligations to you, except as prohibited by law.

4. Information We Collect from Third Parties about You

In addition to information we collect directly from you or automatically through our Site, we may also combine it with information we receive about you from third-party sources. This information may include data collected offline or from data aggregators, email acquisition, email identity and email marketing companies, marketing platforms, customer relationship management data platforms, and offline print catalogs. This helps us tailor our communications, improve our services, and better understand your interests, preferences, and buying behaviour.

Some information received about you may come from consumer data resellers and include information that combines your personal information with their own records and records from other sources.

5. How We Use Your Personal Information

5.1. To Provide or Improve Our Services, Provide Support, and Communicate with You 

We and our service providers use the personal information you provide or that is collected through the Services to operate, facilitate, and fulfill transactions, authenticate you as a user, personalize your experience, improve our Services, and contact you with important information and notices related to the Services.

5.2. To Carry out Marketing Activities such as Promotions 

We and our service providers use your personal information to provide updates, offers, and promotions where you have opted to receive them. We also use your information for marketing our products and services, and those of selected business partners, to you by email. Where required by Data Protection Laws, we will ask for your consent at the time of data collection. You can unsubscribe from marketing communications by following the instructions in each email or by adjusting your account settings if you are a registered user.

5.3. To Organize Sweepstakes and Contests 

We may host sweepstakes or contests on our Services. You may be asked to provide personal information or allow its transfer to a third party. The privacy notice of the parties involved will be disclosed at the point of collection or transfer, and you will have a choice regarding the transfer or collection of information to a third party.

6. Analytics Services

We work with third-party analytics companies to understand and analyze how you use our Services and assist us with delivering relevant marketing messages and advertisements. These companies (e.g., Google Analytics) collect information about the content you view, your system information, and imprecise location information (country, state, and city).

7. Third Parties to Whom We Disclose Your Personal Information

7.1. Advertisers, Advertising Networks, and Data Analytics Companies 

We share your personal information with advertisers, third-party advertising networks, and analytics companies to deliver targeted advertisements on the Services or third-party websites. These advertisers may share information with us that they have independently gathered or acquired. We also share personal information to enable advertising partners to perform data analysis or for advertising-related use.

7.2. Cooperative Database and Marketing Companies 

We contribute to cooperative databases that hold customer information and transaction histories. These databases allow us to access aggregate information on customers provided by other companies. We use these databases for promotional mailings and direct mail campaigns. Some third-party vendors may resell your information for their direct marketing purposes. To opt out, contact us at support@newartday.com.

7.3. Our Service Providers and Contractors 

We share your information with service providers and contractors who work on our behalf for services like payment processing, data management, feature administration, email distribution, market research, and promotions management. Service providers and contractors only access the necessary personal information to perform these functions.

7.4. Social Media Sites 

Our Services may use social networking features or contain links to third-party social media sites or applications. Your use of these features may result in the collection or sharing of personal information by these sites. We encourage you to review the privacy policies and settings of the social media sites you interact with.

7.5. Our Business Partners 

If directed to the Services through a third party, we share certain information with that third party, which may include personal information like name, email, and purchase value, depending on the relationship.

7.6. Government Authorities, National Security or Law Enforcement Agencies, Courts, and Other Similar Third Parties 

We will disclose your personal information to these third parties if required by law, in response to a subpoena or court order, to protect against fraud, to protect property or other rights, or if we believe you have abused the Services.

8. Cookies and Other Tracking Technologies and How To Control Them

We use cookies, pixel tags, JavaScript software development kits (SDKs), device identifiers, and other tracking technologies on our websites. Third-party companies such as advertisers and advertising networks may also use these technologies. These technologies recognize your device and actions online, collect personal information, and deliver targeted advertisements.

You can control the use of cookies and other tracking technologies by using the “Cookie Settings” link on our website homepages or by adjusting your browser or device settings. Blocking cookies may affect your online experience and prevent you from enjoying the full features of our Services.

9. The Privacy of Children

The Services are not intended for individuals under age 18. We do not knowingly collect or distribute personal information from or about individuals under age 18. If a parent or guardian becomes aware that their child has provided us with information without consent, they should contact us at support@newartday.com.

10. European Privacy Rights

If you are located in the European Economic Area (EEA), the United Kingdom, or Switzerland, this section clarifies the rules applicable to you as a user, website visitor, or customer using our Services. We identify the legal bases for using your personal data and acknowledge your right to access and control your personal data in accordance with applicable Data Protection Laws, including the GDPR, UK GDPR, Swiss FADP, and e-Privacy Laws.

11. Updates to this Privacy Notice

If you do not agree to changes in this Privacy Notice, discontinue your use of the Services before the modified Privacy Notice takes effect. Continued use of the Services after the modified Privacy Notice takes effect means that the modified Notice will govern further processing of your personal data.