Last update: May 05/23

What this policy covers

Gallery Hioco Delany (together with its affiliates, the “Gallery”, “we” or “us”) is committed to your privacy. This Privacy Policy describes how we collect personal information from users of the Gallery website (www.galleryhiocodelany.com) and our online Viewing Room (collectively, the “Website”) and how that information is used and disclosed. By using our site, you consent to the terms of this Privacy Policy.

This policy explains:

• The type of personal data that we collect and where it is stored
• How and why we collect and use your personal data
• How we use cookies and similar technologies
• How we use personal data to contact and interact with you
• How and why we share your personal information
• How we protect personal data
• How to contact us
  
  

This policy also applies if you contact us or we contact you about the Gallery.

Personal data we collect

For purposes of this Privacy Policy, “Personal Information” means “personally identifiable information”, i.e., individually identifiable information about an individual consumer collected online by the Website from that individual and maintained by us in an accessible form. Personal Information includes but is not limited to a person’s first and last name, physical address, zip code, email address, phone/fax number.

Other information may also be collected, such as your professional details, personal interests, demographic information, birthday, and usage data (such as your purchasing history, communication permissions, artist preferences and interests, and/or information about your attendance at our events).

We may collect information from you in a number of ways, including:

• When you subscribe to our newsletter or mailing list;
• When you access our online Viewing Room;
• When you complete a form on our Website;
• When you submit your email address or enter other information on our Website;
• When you create/update an account with the Gallery;
• When you contact the Gallery for any reason;
• When you communicate with us via third party social media sites; and
• When you make a purchase. As part of the buying/selling process, we will collect your full name, billing and shipping addresses, email address, phone number, and potentially other information.
  
  

When you browse our Website, we may collect:

• Information on your online browsing behavior;
• Information about the devices/browsers you have used (such as your IP address, reference site domain name, operating system, browser type, and date and time of visit);
• Other data collected by cookies and related tracking technologies (such as the searches you conduct, queries you make, links you click, purchases you make, and third party websites you have visited or visit later); and
• Location data.
  
  

When you contact us or we contact you, we may collect:

• Details of the emails and other digital communications we send to you that you open, including any links in them that you click on and the links that you then visit on our Website
• Details of such correspondence 
  
  

Some of our email communications to you may include a “click-through URL” linked to a particular page on the Website. By clicking on such URL, you will automatically enter our Website and we may collect information relating to the “click-through”. You may avoid having this information collected by not clicking on URL links in our email communications.

We may collect aggregate information regarding user behavior to measure interest in and use of our Website. Aggregate information is non-personally identifiable and/or anonymous information about you, such as age, gender, types of products purchased, pages you access most frequently or search terms you enter. Aggregate information is used in a collective manner, and no single person can be identified by the compiled information. For example, the number of people who visit our Website who live in a particular city is aggregate information that does not personally identify a specific user. Aggregate information may be used to determine patterns and produce demographic reports that do not describe or identify any individual user.

How we use your personal data

We collect, store and process your personal data to improve your experience with the gallery and provide the goods and services you require.

Uses made of the information we collect:

• For administration and maintenance of the Website;
• To understand and meet your needs and preferences;
• To provide you with the information that you have requested from us (such as newsletters, email announcements or other information);
• To provide you with information and updates about the Gallery and/or online Viewing Room that we feel may interest you;
• To assess and improve the effectiveness of the content of our marketing emails;
• To manage and develop our business and operations;
• To process purchases;
• To respond to queries raised by you and provide customer service;
• To carry out obligations arising from contracts entered into between you and us;
• To ensure compliance with our terms of use;
• To comply with legal obligations or for the protection and enforcement of legal rights; and
• In connection with any sale of our business or assets.
  
  

Contact and interaction with you

If you sign up for our email communications or complete a form on our Website, you are giving us permission to store data about you and interact with you to provide the information you requested. Contact can take place over the phone, email, by mail or through social media.

• To help us better understand the information you would like to receive, you can always update your email marketing preferences by clicking here
• To unsubscribe from receiving future marketing emails, you can follow the instructions at the bottom of each email and we will promptly remove you from all bulk correspondence, although you may receive emails from individuals Please contact us using the details below if you would like to be removed from ALL correspondence from the Gallery.

 
In some, but not all, instances the Website, software services associated with the Website and third parties collecting information through the Website may follow certain Do Not Track signals or similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third party websites or online services.

Sharing personal data

We will never sell or trade your Personal Information to outside parties.

If we sell artwork to you, we share the invoice with the artist for their records.

We may share information with any associated companies or service providers who assist us in operating our Website, conducting our business or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law. Occasionally, we are requested by law enforcement and government agencies to share Personal Information, and we reserve the right to comply if lawfully requested or required.

We may work with third parties in the provision of some of our services and it may be necessary for us to share your information with them in order to provide those services. Upon request, and when relevant, we will provide details of which third parties we work with.

We may also use third parties, including but not limited to certain advertising intermediaries, to collect your Personal Information and information regarding your online behavior for the purpose of behavioral tracking and Interest-Based Advertising. Such advertising intermediaries may include advertising networks, advertising exchanges, ad-serving vendors, analytics providers, data brokers, re-targeters, re-marketers and/or market researchers.

In addition, our Website may use Google Analytics to help us learn about who visits our site and what pages are being looked at.

Cookies and similar technologies

Cookies are small data files that allow a website to collect and store a range of data on your desktop computer, laptop or mobile device. We use cookies and similar technologies (e.g., tags) on our Website to distinguish you from other users, helping us to personalize and improve your experience of our Website and the gallery.

We use cookies for various purposes, including:

• Understand how our Website is being used, for example, by telling us if you get an error message when you browse;
• Understand and save your preferences and contact details so you do not have to submit this information twice;
• Measure the effectiveness of our marketing communications, for example by telling us if you have opened a marketing email that we have sent you;
• Help us compile data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may use trusted third-party services, like Google Analytics, that track this information on our behalf. Some cookies are necessary so you should not disable these if you want to be able to use all the features of our Website. You can disable cookies but this may affect your full experience of the website.
  
  How we protect your data 
  
  We implement a variety of security measures to maintain the safety of your Personal Information, which may include:
• We use computer firewalls and physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personal data
• We use Malware scanning. Our Website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible
• All communications between your browser and our Website are encrypted
• Your personal information is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems and who are required to keep the information confidential
  
  

While we take appropriate technical and organizational measures to safeguard your personal data, we cannot guarantee the security of the data you transmit to the Website or to us by email. Once we have received your information, we will store it in electronic and physical records maintained by us and use strict procedures and security features to prevent unauthorized access.

Your California Privacy Rights

If you are a California resident, the processing of certain personal data about you may be subject to the California Consumer Privacy Act (“CCPA”) and other applicable California state privacy laws. Beginning January 1, 2020, the CCPA gives you certain rights with respect to the processing of your Personal Information.

This section provides additional privacy disclosures and informs you of key additional rights as a California resident.

Right to Know Request:

Under the CCPA, you have a right to request information about our collection, use, and disclosure of your personal information over the prior 12 months, and ask that we provide you with the following information:

- Categories of and specific pieces of Personal Information we have collected about you.
- Categories of sources from which we collect Personal Information.
- Purposes for collecting, using, or selling Personal Information.
- Categories of third parties with which we share Personal Information.
- Categories of Personal Information disclosed about you for a business purpose.
- If applicable, categories of Personal Information sold about you and the categories of third parties to which the Personal Information was sold, by category or categories of Personal Information for each third party to which the Personal Information was sold.
To make a verifiable request for information about the Personal Information we have collected about you, please email us at newyork@mariangoodman.com.

Right to Delete Request:

Under the CCPA, you also have a right to request that we delete personal information, subject to certain exceptions. You may exercise your right to delete by emailing us at newyork@mariangoodman.com. Once your request is verified and we have determined that we are required to delete that information in accordance with applicable law, we will delete your Personal Information accordingly. Your request to delete your Personal Information may be denied if it is necessary for us to retain your information under one or more of the exceptions listed in the CCPA. Please note that a record of your deletion request may be kept pursuant to our legal obligations.

Household Requests:

We do not knowingly collect household data. If all the members of a household makes a Right to Know or Right to Delete request, we will respond as if the requests are individual requests.

General Requests under CCPA:

You may make a verifiable consumer request related to your Personal Information twice per 12-month period. We will not discriminate against you for exercising any of your rights under the CCPA.

Requests made through Agents:

You may designate, in writing or through a power of attorney document, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us.

Disclosures of Personal Information for a Business Purpose:

In the last 12 months, we may have disclosed certain Personal Information (e.g., username; display name; email address; billing information and history; business information, if applicable) to third party recipients for one or more business purposes.

California Privacy Rights under the "Shine the Light" Law:

Pursuant to California Civil Code Section 1798.83, California residents may request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please write to us at newyork@mariangoodman.com, Attn: Webmaster.

Children under age of 13

Our Website is a general audience website and is not directed to or intended for children under eighteen (18) years of age. We do not knowingly collect or maintain any Personal Information from children under 18. No one under age 18 may provide any information to us via any means.

If we learn we have inadvertently collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact our Customer Service department at newyork@mariangoodman.com.

How to contact us

We want to make sure that the personal data we hold about you is accurate and up-to-date.

Under General Data Protection Regulation (GDPR), effective from 25 May 2018, you have the right to see the personal data we hold about you.

If you would like to receive the personal data we hold about you, or if you believe it to be incorrect, please write to:

Gallery Hioco Delany 
Volkstraat 4/6
2000 Antwerpen

You can also email us at info@galleryhiocodelany.com 

We reserve the right to change this policy at any time without notice, so please check back regularly to keep informed of updates.