Privacy Policy
INTRODUCTION
ArtXover takes its responsibilities in relation to protecting your Personal Data and compliance with Applicable Laws very seriously. We are committed to properly managing, protecting and processing your Personal Data in accordance with thisPolicy, which shall apply to all Personal Data we collect from you through ourPlatforms.
Please read and review this Policy, which will inform you how we collect, use, process and disclose your Personal Data. We understand that some of our users are from jurisdictions other than Hong Kong and may require us to provide additional information to you about our data processing activities. Please refer to the appendices to this Policy that applies to you. We may also collect and process your Personal Data under any exceptions to Applicable Laws, which are not set out in this Policy. We trust that it will assist you in making an informed decision whether to provide us with any of your Personal Data.
For the purposes of understanding ArtXover's Personal Data Protection Policy ("Policy"),capitalised terms used in this Policy shall have the following meanings:
"Applicable Laws" means Hong Kong's Personal Data (Privacy) Ordinance (Cap. 486)and its subsidiary legislations and regulations as amended from time to time;
"PersonalData" means any data, whether true or not, which is (a) about an individual who can be identified (i) from that data; or (ii) from that data and other information to which we have or are likely to have access and would include data in our records as may be updated from time to time, or (b) defined as "personal data" or "personal information" under anyApplicable Laws.
"Platforms"means collectively ArtXover's Social Media and Website, and any other websites or applications which we may own or operate from time to time;
"RetailGoods and Services" means sales of goods or provision of services provided by ArtXover on this Website.
"SocialMedia" means ArtXover's pages and accounts on third party social media platforms such as Instagram & Facebook.
"Website"means the ArtXover website accessed at https://www.artxover.com ; and
"ArtXover, we, us, or our" means Art Crossover Limited.
WHAT PERSONAL DATA DO WE COLLECT
During our relationship with you, we may collect Personal Data from you, which includes but is not limited to the following:
personal data that identifies you as an individual, including but not limited to your first name, last name, email address, mailing address, delivery address, birthday and phone number;
technical data, which may include internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website;
profile data, which may include your username and password, reservations made by you, your interests, preferences, feedback, and survey responses;
usage data, which may include information about how you use our Website and Services.
marketing and communications data, which may include your preferences in receiving marketing from us and our third parties and your communication preferences.
interaction data, which may include any information that you might provide to any discussion forums on the Website;
cookies data; and
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third parties information which we receive about you from other sources; and analytics including third-party analytics services (such as Google Analytics) to evaluate your use of the Website, compile reports on activity, collect demographic data, analyse performance metrics, and collect and evaluate other information relating to our Website and internet usage.
We will notify you when you must provide such Personal Data. Where it is mandatory to provide such Personal Data, please note that if you do not provide suchPersonal Data to us, then we may not be able to provide our services to you. We may also request other Personal Data from which is not marked as"mandatory" where it is entirely voluntary for you to provide suchPersonal Data
We also collect, use, and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your Personal Data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature.However, if we combine or connect aggregated data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data asPersonal Data which will be used in accordance with this Privacy Policy.
We do not collect any sensitive Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, 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 provide us with Personal Data relating to a third party by submitting suchPersonal Data to us, you represent to us that you have obtained the consent of the third party to provide us with their Personal Data for the respective purposes.
By (1)clicking "Yes" on our Policy pop-up or any web form referring to this Policy on any of our online platforms, (2) submitting your Personal Data to us when signing up for an account on the Website, (3) browsing our Website, or (4)ordering any of our products and services, you are agreeing to the terms of this Policy.
We may update this Policy to ensure that it is consistent with industry trends and/or any changes in legal or regulatory requirements. You agree to be bound by the prevailing terms of the Policy as updated from time to time. We will endeavour to notify you by email or by notice on the Website of any material changes to the Policy.
HOW DO WE COLLECT YOUR PERSONAL DATA?
We, our online service provider, Shopify Inc., or third party data processors, agents and sub-contractors acting on our behalf may collect, store and use yourPersonal Data by way of different methods to collect data from and about you including through direct interactions with us. We collect Personal Data from you when:
1. You register an account on the Website;
2. You use any of our related services, such as subscribing to our newsletter, product notifications;
3. You browse our products and services or otherwise interact with our Website;
4. You accept our cookies on your device;
5. You interact with our customer service team or other representatives, for example, via our webform, emails, telephone calls, letters, or face-to-face meetings;
6. You interact with us on our Social Media, such as liking our posts, commenting on our posts, private messaging us on our Social Media;
7. You participate in our promotions, lucky draws, initiatives or any request for additional Personal Data such as customer surveys;
8. We receive references from business partners and third parties, for example, where they referred you to us to enjoy the benefits of a joint promotion or collaboration or to redeem a voucher you purchased through them;
9. Your authorized representative submits your Personal Data to us for any purpose reasonably authorized by you, for example if such representative is purchasing our product or service to be delivered to you or as a gift;
10. Our third-party analytics and other service providers provide your Personal Data to us, which was collected and processed by them and disclosed to us pursuant to their separate privacy policies; or
11. When you voluntarily submit your Personal Data to us for any reason.
We usually do not collect your credit card details, whether to process your payment or for customer service purposes. Your credit card details are collected, processed and stored directly by our third-party payment processors pursuant to their terms of use and privacy policies. None of your credit card details are stored with us. However, we may collect your bank account details to process refunds.
OurWebsite is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to provide our Retail Goods and Services to you. In your interaction on our website, your Personal Data may also be stored and processed by Shopify as a “data processor” and a “service provider”. How Shopify processes and protects your Personal Data is also governed by their privacy policy available at https://www.shopify.com/legal/privacy,which may be updated by Shopify in its own discretion from time to time. You should be responsible for reviewing the privacy policy for any changes to your rights and obligations.
Please also take note of our Cookies Policy below in respect of the data collected and used by third-party cookies and trackers on our Website .
We may also collect your Personal Data in circumstances where such collection does not require consent under Applicable Laws.
Please ensure that all Personal Data submitted to us is complete, accurate, true and correct. Failure to do so may result in our inability to provide you with the products and services you have requested.
HOW WILL YOUR PERSONAL DATA BE USED?
We may use and disclose your Personal Data for purposes necessary to provide you with our products as services, including to:
1. register and maintain your user account and to verify your identity or age;
2. process your order for our products or services, process or collect your payment for the order;
3. deliver or perform the products or services you purchased, including our couriers calling or messaging you to obtain your delivery instructions;
4. provide you with supporting services and functions related to your user account, such as saved items in cart, wish list, brand or product notifications;
5. communicate with you in relation to (i) your queries, requests and feedback, (ii) material changes to our Website Terms of Service, Policy or other terms and conditions, and (iii) matters relating to the operation of your account;
6. personalise and improve your customer experience when you visit the Website, for example by prioritizing products and services appearing in your search results or feed;
7. monitor and enforce compliance with our Terms of Service, including dispute resolution;
8. comply with (i) internal risk controls, (ii) the terms of our access to payment processing, financial or banking services such as credit card disputes, fraud, billing errors, or (iii) any applicable law; and
9. ensure our Website functions properly and to improve their performance, by carrying out activities such as debugging, and statistical analyses for optimizing our Website.
(collectively, the "Purposes")
In addition, we may use and disclose your Personal Data for the following purposes, to:
1. send you marketing communications in relation to our Retail Goods and Services (as applicable), any promotions in relation thereto, or the Platforms;
2. send you marketing communications in relation to the Retail Goods and Services (as applicable) or promotions in relation thereto of business partners who provide such Retails Goods and Services (as applicable), including promotional mail together with your order;
3. deliver ads that are related to our Retail Goods and Services (as applicable) which maybe of interest to you on the Platforms or other websites or online platforms;
4. enable businesses to deliver ads that are related to their Retail Goods and Services(as applicable) which may be of interest to you;
5. invite you to our private customer events;
6. process your participation in our promotions, lucky draws, initiatives or any request for additional Personal Data such as customer surveys;
7. process your participation in our business partners' loyalty or point redemption programs;
8. conduct market and customer research, analysis or tracking;
9. promote our products and services on our Platforms;
10. manage the administrative and business operations of ArtXover and comply with internal policies and procedures;
11. improve your customer experience across all touch points and training our customer service team, such as by recording and monitoring phone calls; and
12. any specific purpose in relation to a particular product or service, which we may separately notify you on the product or service page;
(collectively, the "Additional Purposes")
We may also use your Personal Data (a) for other purposes which are reasonably related to the Purposes and where we have obtained and maintain related consent, theAdditional Purposes; or (b) in circumstances where such use does not require consent under Applicable Laws.
Note: We cannot use your Personal Data to send you any marketing communications without your consent. If you have given us your consent, you may withdraw your consent in accordance with paragraph (Request to Withdraw Consent) below. If you withdraw your consent for us to use and process your Personal Data the Purposes or the Additional Purposes (except relating to sending you marketing communications), we may no longer be able to provide you with the related products, services or benefits associated with our promotion.
WHO WILL YOUR PERSONAL DATA BE SHARED WITH?
In relation to our use of your Personal Data for the Purposes or AdditionalPurposes, we may disclose your Personal Data to our:
1. employees, consultants, temporary workers;
2. payment processors, who process your payment on the Website;
3. logistics providers, such as courier services which will deliver your order to you;
4. business partners who separately maintain an account with you for loyalty or point redemption programs;
5. business partners or vendors in connection with the processing of any promotion, event or service organised by us;
6. professional advisers and consultants who provide legal and other advisory and consultancy services;
7. agents, contractors or service providers who provide operational services to us, such as online cloud storage and processing, marketing optimization, information technology, telecommunications, security or other relevant services which require their collection, use or disclosure of your Personal Data; and
8. any other party whom you authorize us to disclose your Personal Data to.
We may also disclose your Personal Data (a) for other purposes which are reasonably related to the Purposes and where we have obtained and maintain related consent, the Additional Purposes; or (b) in circumstances where such disclosure does not require consent under the Applicable Laws.
We do our best to minimize the disclosure of your Personal Data to the information necessary to perform the related Purpose or Additional Purpose.
HOW CANI ACCESS OR CORRECT MY PERSONAL DATA?
You may access or correct your name, e-mail address, birthday, shipping and billing addresses, contact numbers and other Personal Data by logging in to your user account on the Website.
For Personal Data that cannot be corrected by you by logging in to your user account on the Website, you may request to access and correct such PersonalData by submitting a written request to us or by emailing to cs@artxover.com. We may need to request additional information from you to confirm your identity before providing access or making the correction.
We will do our best to respond to Personal Data access and correction requests within40 calendar days. Where we are unable to meet this timeline, we will update you with the soonest possible time that we can provide the information or make the correction. Please note that certain types of Personal Data access and correction requests may be exempt under Applicable Laws (e.g. detection of crime).
Note that we may charge you a reasonable fee for the handling and processing of yourPersonal Data access request.
We will send your corrected Personal Data to every other person or entity to which suchPersonal Data was disclosed by ArtXover within the year before the date of the correction unless such person or entity does not need the corrected PersonalData for any legal or business purpose or unless you and we agree that
Subject to obtaining your consent, we may send the corrected Personal Data only to specific organisations to which the Personal Data was disclosed by us within a year before the date the correction was made.
If your data access and correction request is refused by us, we will provide you with our grounds for such refusal within 30 calendar days from the date of receipt of your request.
REQUEST TO WITHDRAW CONSENT
If you wish to withdraw your consent for us to send you direct marketing communications, please inform us as follows:
1. to withdraw consent from receiving SMS promotions: please unsubscribe by following the steps provided in the promotional SMS;
2. to withdraw consent from marketing or promotional emails: please click on theUnsubscribe link in the marketing or promotional emails or submit a written request via email to cs@artxover.com;
Note that, depending on the nature of the consent withdrawal, we may not be able to continue to provide you with some or all of our products or services.
Once we receive notification that you wish to withdraw your consent for receiving marketing or promotional materials or communications, it may take up to thirty (30) days for your withdrawal to be reflected in our systems. Therefore, you may still receive marketing or promotional materials or communications during this period.
If you withdraw your consent to receive marketing or promotional materials through a specific communication mode (e.g. SMS), we may still contact you for other purposes in relation to the products and services via other communication modes you have subscribed to (e.g. email).
You may(a) withdraw your consent for the collection, use and/or disclosure of any of your Personal Data or (b) make a request to delete your Personal Data in our possession or under our control by submitting a written request via email to cs@artxover.com. We will process such a request within a reasonable time from receiving notice from you of your withdrawal of consent and it may take up to thirty (30) days for this to be reflected in our systems.Once this is complete, we will no longer collect, use and/or disclose yourPersonal Data, except for compliance, regulatory or other legal purposes.
ADMINISTRATION AND MANAGEMENT OF PERSONAL DATA
We will make reasonable efforts to ensure Personal Data likely to be used by us or disclosed by us to another organization is accurate and complete. However, you should update us of any changes in your Personal Data. We will not be responsible for relying on inaccurate or incomplete Personal Data if you have not updated us of changes.
We will also put in place reasonable security arrangements to ensure that your PersonalData is adequately protected and secured. This includes putting in place reasonable measures to prevent any unauthorized or accidental access, collection, use, disclosure, copying, modification, leakage, loss, damage, erasure, or alteration of your Personal Data. However, we will not be responsible for any unauthorized or accidental access, collection, use, disclosure, copying, modification, leakage, loss, damage, erasure, or alteration of Personal Data by third parties which is attributable to factors beyond our control.
WhenPersonal Data in our possession is (i) no longer required for any reason connected to the purpose it was originally collected or (ii) retention by us is no longer necessary for any other legal or business purposes, we will exercise measures to ensure such Personal Data is either destroyed or anonymized.
COOKIES
ArtXover use cookies in order to improve your navigation experience when you visit the website. Cookies are small pieces of information that your web browser stores on your computer when you visit a website. Our cookies let us personalize your visits to ArtXover Web site and recognize you when you return. Information collected from these cookies may be used for the purposes laid out above in this Privacy Statement.
Most browsers automatically accept cookies. You can disable cookies on your computer by indicating this in the preferences or options menus in your browser. We recommend you do this if you are concerned about receiving cookies.
OurServices may also contain content and links to other sites that are operated by third parties that may also operate cookies. We do not control these third-party sites or cookies and this Privacy Policy does not apply to them.Please consult the terms and conditions and privacy policy of the relevant third-party site to find out how that third-party site collects and uses your information and to establish whether and for what purpose they use cookies.
Google Analytics
ArtXover uses certain Google Analytics functions. Please see this link for how your data is collected and this link for instructions on how to opt-out of any Google Analytics data tracking.
ArtXover may use Google Analytics features based on Display Advertising, including but not restricted to the following: Remarketing, Google Display Network ImpressionReporting, DoubleClick Campaign Manager Integration, and Google AnalyticsDemographics and Interest Reporting. Using the Google Ads Settings, you can opt-out of Google Analytics for Display Advertising and customize GoogleDisplay Network ads.
ArtXover also uses Remarketing with Google Analytics to advertise online; third-party vendors, including Google, may show ArtXover ads on sites across the Internet.ArtXover and third-party vendors, including Google, use first-party cookies(such as the Google Analytics cookie) and third-party cookies (such as theDoubleClick cookie) together to inform, optimize, and serve ads based on visitors' past visits to ArtXover, as well as report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to ArtXover.
When you log on to the ArtXover website, ArtXover with the help of Google Analytics may use your browsing behaviour to connect it with any other data that has previously been provided by you, in accordance with this Policy.
LINKS TO OTHER SITES
Our Website may contain advertisements or links to third-party websites. The presence of these links on our Website does not constitute an approval, authorization or affiliation with the websites in question. If you click on these links or use the services of a third party, you will leave our Website and you must consult the privacy policy of the website in question before sharing your personal data.
Certain products and/or services are offered to you as part of our provision of RetailGoods and Services in collaboration with third parties and you may be required to provide Personal Data to them in order to register and access their products or services. The identity of these third parties will be indicated at the time of registration. If you choose to register, you will transmit your PersonalData to these third parties and their use of your personal data will be subject to their privacy policies.
We are not responsible for the use of your Personal Data by such third parties and we cannot guarantee that they have the same level of data protection policy as us.
CONTACTING US
For any questions relating to your Personal Data or about this Policy, if you have a complaint regarding the collection, use or handling of your Personal Data by us, or a question about how we are complying with Applicable Laws, you may contact us via one of the following methods:
(a)Email address:
cs@artxover.com Attention it to the 'Data Protection Officer'
(b)Office address:
Art Crossover Ltd, Unit 608 - 613, L6, Core C, Cyberport 3, 100 Cyberport Road,Hong Kong
Attention: 'Data Protection Officer'
Emails and letters should clearly state that you are making a data protection query, request or complaint in the subject line to ensure the matter is dealt with expediently. We will strive to deal with any query, request, or complaint promptly and fairly.
GOVERNING LAW
This Policy shall be governed by, and construed in accordance with, the laws of HongKong Special Administrative Region (“Hong Kong”). Any dispute, controversy, difference or claim arising out of or relating to these Terms and Conditions, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre(HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
UPDATES ON DATA PROTECTION POLICY
As part of our efforts to ensure that we properly manage, protect and process yourPersonal Data, we will be reviewing our policies, procedures and processes from time to time. In this regard, ArtXover may update this Policy to ensure that it is consistent with industry trends and any changes in legal or regulatory requirements. We reserve the right to amend the terms of this Policy at our absolute discretion.
Subject to your rights at law, you agree to be bound by the prevailing terms of thePolicy as updated from time to time on our Website. Any amended Policy will be posted on our website and can be viewed athttps://www.artxover.com/policies/privacy-policy. By continuing to use ourPlatforms and/or services after the Policy has been amended, you hereby agree to be bound by the terms of such amended Policy.
You are encouraged to visit the above Website from time to time to ensure that you are well-informed of our latest policies in relation to Personal Data protection.
MISCELLANEOUS
Nothing in this Policy shall limit your rights under Applicable Laws. The provisions of this Policy shall be severable, and if any provision, or part-provision, of this Policy shall be held or declared to be illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect any other provision, or part-provision, of this Policy, and the remainder of this Policy, disregarding such illegal, invalid or unenforceable provision, or part-provision, shall continue in full force and effect as through such illegal, invalid, or unenforceable provision, or part-provision, had not been contained in this Policy. This Policy will be in English language and Chinese language. In the event of any inconsistency between the English version and the Chinese version, theEnglish version shall prevail.
APPENDIX
A. Privacy rights of users in European Economic Area
This section applies if you are based in the European Economic Area (“EEA”)during your interactions with us.
We comply with the rights given to EU citizens under the General Data ProtectionRegulation (“GDPR”). Those rights are as follows:
Correcting Your Information – the right to have your personal information updated to ensure it is up-to-date and accurate;
Withdrawing Consent – the right to withdraw your consent to any processing that is currently being done under your consent, e.g. marketing;
Obtaining a copy of Your Information – the right to receive a copy of the personal information We hold about You;
Deleting Your information – right to request that we delete personal information in certain circumstances.
Data Portability – the right to have us transfer to another controller the personal information that You have provided us with.
Restricting Processing – the right to request a restriction on the processing of your data in some limited circumstances.
Right to object to processing – right to request that we stop processing your data for marketing purposes and in other limited circumstances such as asking us not to process your data by wholly automated means or not to analyse your information for targeted content etc. (also known as profiling).
YourPersonal Data may be transferred and/or stored outside the EEA, including to countries which may have a lower level of data protection than under the GDPR.We shall comply with specific rules when we transfer personal information from inside the EEA to outside the EEA. We will use appropriate safeguards as permitted by the GDPR to protect your Personal Data.
You can exercise any of the rights above by contacting us at email address cs@artxover.com.
B. US -California Privacy Rights
For California residents, the California Consumer Privacy Act (“CCPA”) also requires that businesses provide a specific right to opt out of the sale of personal information. We do not sell personal information that directly identifies you. However, the CCPA’s broad definition of “sale” and “personal information”may deem the common flow of information in the digital analytics and advertising ecosystem to be a sale. Like most companies, we may participate in digital network advertising that may constitute a “sale” under the CCPA. You can opt out of the sale of your personal information by emailing us at cs@artxover.com. You will need to provide your name and the email address you have used when engaging with us.
We do not knowingly collect personal information from children under the age of 13.If we are aware that personal information of children under 13 has been collected, we will take all reasonable steps to remove such information. Where required by applicable law, we may ask for consent from a parent or guardian before we provide any services or products to a minor.
We will not discriminate against you for exercising any of your CCPA rights.
Date ofLast Update: September 16, 2022