1. Introduction
Ark Gallery is committed to ensuring your personal information is protected. We manage your personal information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).
By accessing and using our Website, Products and Services you agree to this Privacy Policy.
This Privacy Policy applies to the collection, storage, use and disclosure by Ark Gallery of your Personal Information, and to how you may access your Personal Information (as defined in the Privacy Act) kept by us or how you may make a privacy complaint.
2. The information we collect about you
Ark Gallery will only collect and hold Personal Information about you that is reasonably necessary to undertake our business activities and functions as Artworks Dealers, Products and Services providers, or as otherwise permitted by law.
The type of Personal Information that we collect and use depends on the type of dealings that you have with us and includes the following:
- contact details (for example, full name, address, mobile and telephone numbers and email address);
- business details (for example, business name, business address, work mobile and office telephone numbers and work email address);
- information relating to your dealings, or enquiries you have made, with us, including information about the Products and Services you have ordered (for example, types of Artworks you may request);
- payment and billing information;
- information regarding your access and use of our Website, including location information, IP address and any third-party websites you access;
- other information that you provide to Ark Gallery or that we collect in the course of our relationship with you; and
- information provided by or on behalf of applicants for employment.
Ark Gallery does not deliberately collect information about customers, users or visitors of our Website, which is Sensitive Information (as defined in the Privacy Act), such as information or opinions about the visitor’s health, political affiliations, sexual preferences, religious beliefs, racial or ethnic origin or other such private information.
3. How we collect Personal Information
Ark Gallery will collect Personal Information about you in several different ways. Ark Gallery may collect Personal Information directly from you or in the course of our dealings with you, for example when you:
- contact and correspond with Ark Gallery (for example, Artwork Products and Services purchased or ordered by you, when you participate in a promotion, competition, or survey, or when you complete online forms requesting a fixed price or subscribing to our publications, alerts and newsletters, or information you provide to us when you send us an email);
- visit our Website (including via cookies), contact us online or via telephone with a query or request or make a comment on our social media sites;
- from third parties (including our related bodies corporate (for example, Gibsons Auctions), business partners and service providers, credit reporting bodies, credit providers, government agencies, public registries, search agencies, regulatory and licensing bodies, parties to whom you refer us (for example, previous employers and referees), recruitment agencies and from publicly available sources of information (for example, social media));
- when applying for a position of employment with Ark Gallery; or
- when otherwise legally authorised or required to do so.
4. How we use your Personal Information
Ark Gallery uses and disclose your Personal Information for the purposes for which the information is collected, including (but not limited to):
- providing or delivering our Products and Services to you, including, without limitation, provide you with Artworks and related services;
- assisting with, or responding to, your queries;
- informing you about our Website, Products and Services, offers, competitions, promotions, events, surveys, questionnaires, or other matters which we believe are of interest to you (such as exhibitions or art shows);
- share with our Ark Gallery Providers;
- administer, improve and manage our Products and Services, Website (including customising the advertising and content on our Website) and relationship with you;
- charge and bill you for the use of our Products and Services;
- verifying your identity;
- for internal record keeping;
- for direct marketing purposes (see section 6 below); and
- complying with our legal and regulatory obligations.
5. Disclosure to Ark Gallery Providers
In order to provide or deliver our Products and Services to you, Ark Gallery may disclose your Personal Information to:
- our related bodies corporate, business partners, service providers, third-party contractors, affiliates, directors, officers, managers, employees, contributors, agents, licensors agents or suppliers, referral partners, translation service providers and network of international art dealer agents and attorneys;
- authorised external service providers who perform functions on our behalf, such as financial and credit card institutions in order to process any payments, internet and technology services providers, web developers, hosting companies, marketing, advertising and security service providers, fulfilment companies, credit reporting agents, debt collection agents, market research and recruitment providers;
- external business advisors, such as auditors, lawyers, insurers and financiers, (collectively, Ark Gallery Providers);
- to any other party with your consent and direction; and
- law enforcement bodies or regulatory authorities to assist with their functions, or as otherwise required or authorised by law.
Prior to the disclosure of Personal Information to Ark Gallery Providers, Ark Gallery will take such steps as reasonable in the circumstances to ensure that the Ark Gallery Providers treat your Personal Information securely and otherwise complies with the relevant Australian Privacy Principles in relation to the Personal Information.
6. Marketing Communications
Ark Gallery may use and disclose your Personal Information to send you information about the Services we offer, as well as other information that may be of interest to you. Ark Gallery may send this information in a variety of ways, such as by mail, email, SMS, telephone, social media or by customising online content and displaying advertising on our Website.
If you do not wish to receive any of these marketing communications, you can opt-out by following the unsubscribe instructions included in the relevant marketing communication, or by contacting us at www.arkgallery.com.au
7. Overseas disclosures of Personal Information
In the course of providing you with our Products and Services, it may become necessary or desirable to disclose Personal Information to external service providers located overseas. The countries in which these overseas recipients may be located will depend upon the individual circumstances. However, in the course of our ordinary business operations, we commonly disclose Personal Information to external service providers located in the following countries: Australia, New Zealand, United Kingdom, United States of America, European Union and the Greater China.
The laws where these overseas recipients may be located provide various levels of protection for Personal Information which are not always equivalent to the level of protection that may be provided for in Australia. Where we transfer your Personal Information overseas Ark Gallery will take reasonable steps to ensure that your Personal Information is treated securely, and the means of transfer provides adequate safeguards.
If you have any questions in relation to the transfer of your Personal Information please contact us at www.arkgallery.com.au
8. Notifiable Data Breaches Scheme
In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, Ark Gallery will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with the Privacy Act.
9. Security of your Personal Information
Ark Gallery takes steps reasonable in the circumstances to ensure that the Personal Information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. Ark Gallery holds Personal Information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff.
The transmission of information via the Internet is not completely secure. We cannot guarantee the security of your data transmitted to our online services and any transmission is at your own risk.
Ark Gallery will destroy or de-identify Personal Information in circumstances where it is no longer required, unless Ark Gallery is otherwise required or authorised by law to retain the information.
10. Accessing and correcting your Personal Information
Ark Gallery takes steps reasonable in the circumstances to ensure Personal Information it holds is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and seek correction of your Personal Information that is collected and held by Ark Gallery.
If at any time you would like to access or correct the Personal Information that Ark Gallery holds about you, or you would like more information Ark Gallery approach to privacy, please contact Ark Gallery via the contact details set out in section 12 below. Ark Gallery will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct Personal Information where necessary and appropriate.
To obtain access to your Personal Information:
a) you will have to provide proof of identity to ensure that Personal Information is provided only to the correct individuals and that the privacy of others is protected; and
b) Ark Gallery may charge you a reasonable administration fee, which reflects the cost to Ark Gallery providing access in accordance with your request.
a) If Ark Gallery refuses your request to access or correct your Personal Information, Ark Gallery will provide you with written reasons for the refusal and details of complaint mechanisms.
11. Cookies
Ark Gallery use small text files placed on your computer called ‘cookies’ to collect standard log and visitor behaviour information in an anonymous form. We use this information to analyse how visitors use our Site and to compile statistical reports on website activity. You can set your computer to reject cookies, but this may affect your ability to use certain parts of our Site.
Ark Gallery may also log your IP address. Your IP address is your computer’s electronic Internet address. We may collect your IP address to see trends, run the Site, track user movements, and gather broad demographic information.
12. Privacy complaints
If you have any complaints or issues you wish to raise with Ark Gallery regarding the way we have handled your Personal Information or would like to discuss any issues about our Privacy Policy, please contact Ark Gallery directly by email to www.arkgallery.com.au and please provide us with full details of your complaint and any supporting documentation.
Ark Gallery will respond to you within a reasonable period of time to acknowledge your complaint and inform you of the next steps we will take in resolving your complaint. At all times, Ark Gallery will treat your privacy complaint seriously and in a confidential manner.
13. Changes to this Privacy Policy
From time to time it may be necessary for Ark Gallery to review and revise our Privacy Policy. Ark Gallery may notify you about changes to this Privacy Policy by posting an updated version on our Site. Ark Gallery encourages you to check our website from time to time to ensure you are familiar with our latest Privacy Policy.