PRIVACY POLICY

1. INTRODUCTION

1.1 This Privacy Policy describes who is responsible for the personal information that we collect about you via the following channels: (i) through your use of our website; (ii) when you visit us at an art fair or other show at which we're exhibiting; and (iii) when you make a purchase or prospective purchase from us. This Privacy Policy also sets out how we will use such personal information, who we may disclose it to, and your rights and choices in relation to your personal information.

1.2 In this Privacy Policy references to:

1.2.1 we, us or our means Freya Mitton 20th Century British Art with its address at Dalesford House, Ford Lane Litton, BA3 4PJ;

1.2.2 you or your means the person accessing our Website (as defined below) or the person visiting us at an art fair we're exhibiting at, or making a purchase or prospective purchase from us;

1.2.3 Website means www.freyamitton.com; and

1.2.4 personal information is information that is about you and which identifies you.

2. WHO IS RESPONSIBLE FOR THE PERSONAL INFORMATION THAT WE COLLECT?

2.1 We are the controller for the purpose of data protection law, in respect of your personal information that is collected and used through your use of our Website, when you visit us at an art fair or other show at which we're exhibiting or when you make a purchase or prospective purchase from us.

2.2 If you have any questions regarding this Privacy Policy or the way we use your personal information, you can contact us at freya@freyamitton.com.

3. WHAT PERSONAL INFORMATION DO WE HOLD ABOUT YOU?

3.1 The personal information we may collect includes:

3.1.1 Information that you provide to us:

(a) your name and contact information (including email, telephone and postal address);

(b) your payment card number (credit or debit card), bank account number, or other financial account number and account details.

This information may be provided:

(a) in the course of communications between you and us (including by phone, email or otherwise);

(b) when you, for example, complete our forms (including the Contact Us form on the Website), surveys, or subscribe to messages from us;

(c) when visiting us; and

(d) via our social media pages, other social media content, tools and applications.

3.1.2 Information we collect from you

(a) cookies are pieces of information stored directly on the device you are using to access our Website. Cookies allow us to recognise your device and to collect information such as IP address, internet browser type, time spent using our Internet Services and the pages visited.

3.1.3 Information we receive from other sources

(a) personal information (such as your name, contact details and marketing preferences) which you have provided to industry publications, and where you have agreed for the above personal information to be shared with us for marketing purposes.

4. INFORMATION ABOUT THIRD PARTIES

4.1 In the course of your dealings with us you may provide us with personal information relating to third parties. For example, if we were to deliver an artwork on your behalf to a third party, we will collect the full name and postal address of the third party.

4.2 We will use this personal information in accordance with this Privacy Policy. If you are providing personal information to us relating to a third party, you confirm that you have the permission of the third party to share such personal information with us and that you have made the information in this Privacy Policy available to the third party.

5. HOW DO WE USE THE PERSONAL INFORMATION WE COLLECT ABOUT YOU?

5.1 Your personal information may be used by us, our employees, service providers, and disclosed to third parties for the following purposes. For each of these purposes, we have set out the legal basis on which we use your personal information.

Purpose	Legal Basis
To communicate with you and other individuals about our artworks and services.	The legal basis will fall into one of the following four categories, depending on the communication and the purpose for which it was sent: - our legitimate business interests in order for us to manage our relationship with you; - performance of a contract between you and us; - consent; and/or - compliance with legal obligations to which we are subject.
To carry out our obligations arising from any contracts entered into between you and us, and to provide you with our artworks and services.	This processing is necessary for the performance of our contractual obligations between you and us.
To manage and administer promotions.	This processing is necessary for our legitimate business interests in order for us to manage and administer our promotions.
To notify you about changes to our Website.	This processing is necessary for our legitimate business interests in order for us to manage our relationship with you.
To improve the quality of our Website and to ensure that our Website functions properly, for example through the use of cookies.	This processing is necessary for our legitimate business interests in order for us: - to facilitate navigation, to display information more effectively, and to personalise your experience while using our Website; - to gather statistical information about the usage of our Website in order to understand how our Website is used, in order to continually improve our Website design and functionality and assist us with resolving questions about them.
To manage complaints, feedback and queries.	Depending on the context, this processing could be necessary for: - the performance of our contractual obligations between you and us; - us to comply with our legal and regulatory obligations; and/or - our legitimate business interests in order for us to manage our relationship with you.
To carry out market research and analysis.	The processing is carried out for our legitimate business interests because it enables us to develop and improve our Website and our artworks and services offered to you.
To carry out satisfaction surveys and analysis.	The processing is carried out for our legitimate business interests because it enables us to develop and improve our Website and our artworks and services offered to you.
To provide you with information about other products and services that we offer in accordance with your marketing preferences.	Depending on the method of communication, this processing may be carried out with your consent or in accordance with our legitimate business interests to process your information for direct marketing purposes.
To comply with any legal or regulatory obligations (including in connection with a court order).	This processing is necessary for us to comply with our legal and regulatory obligations.
To prevent and detect fraud, financial crime and anti-money laundering.	Depending on the circumstances: - the processing is necessary for us to comply with our legal and regulatory obligations; or - the processing is carried out for our legitimate business interests in order to conduct and manage our business.
To enforce or apply the contracts concerning you (including contracts between you and us).	Depending on the circumstances: - the processing is carried out for our legitimate business interests in order to conduct and manage our business; or - in connection with legal proceedings (i.e. the establishment, exercise or defence of legal claims).

5.2 We may be required to obtain your personal information to comply with our legal requirements, to enable us to fulfil the terms of any contract that we have with or in preparation of us entering into a contract with you. For example, if you do not provide the relevant personal information to us such as your name and postal address, we will not be able to provide the relevant product to you or another person (as may be requested by you).

6. WHO MAY WE DISCLOSE YOUR PERSONAL INFORMATION TO?

6.1 You agree that we may share your personal information with:

6.1.1 our business partners, suppliers and sub-contractors for the performance of any contract we enter into with you, for example we engage third parties to process card payments, deliver our products, provide our Website, to send you marketing and surveys (through our use of third parties such as Survey Monkey) and for data analysis;

6.1.2 other professional advisers (including accountants and lawyers) that assist us in carrying out our business activities;

6.1.3 police and other law enforcement agencies in connection with the prevention and detection of crime;

6.1.4 other external agencies and organisations (including the National Crime Agency) for the purpose of preventing and detecting fraud (including fraudulent transactions), money laundering and criminal activity; and

6.1.5 third parties if we are under a duty to disclose or share your personal information in order to comply with any legal obligation or instructions of a regulatory body (including in connection with a court order), or in order to enforce or apply the terms of any agreements we have with or otherwise concerning you (including agreements between you and us) or to protect our rights, property or safety of our clients or other third parties.

7. WHERE WILL WE TRANSFER YOUR PERSONAL INFORMATION?

7.1 We will process your personal information both within and outside the European Economic Area (EEA). Where we transfer personal data outside of the EEA, we will implement appropriate and suitable safeguards to ensure that such personal information will be protected as required by applicable data protection law.

7.2 These measures generally include either:

7.2.1 transferring personal information to countries that have been deemed to provide an adequate level of protection for personal information by the European Commission under Article 45(1) of the General Data Protection Regulation;

7.2.2 transferring personal information where the recipient has agreed to a European Commission approved data transfer agreement in the form of the standard contractual clauses under Article 46(2) of the General Data Protection Regulation; or

7.2.3 transferring personal information where the recipient is in the USA and is Privacy Shield certified.

7.3 Please contact us using the contact details in section 2.2 above if you want further information on the specific mechanism used by us when transferring your personal information out of the EEA.

8. HOW LONG WILL WE KEEP YOUR PERSONAL INFORMATION

8.1 We will keep your personal information for a period of up to 7 years after your provide your information to us, subject to the following exceptions:

8.1.1 records of any incidents, injuries or accidents when visiting us: 4 years from the date of the accident, injury or incident is recorded by us; and

8.1.2 we will keep your marketing preferences for as long as you wish to receive marketing communications from us.

8.2 For further information as to our retention periods, please contact us using the contact details as set out section 2.2 above.

9. YOUR RIGHTS

9.1 You have certain rights with respect to your personal information. The rights may only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights.

9.2 If you wish to exercise any of the below rights, please contact us by using the contact details in section 2.2.

	Summary of your rights
Right of access to your personal information	You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions. Any access request is free of charge. We may require further information in order to respond to your request (for instance, evidence of your identity and information to enable us to locate the specific personal information you require).
Right to rectify your personal information	You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete.
Right to erasure of your personal information	You have the right to ask that your personal information be deleted in certain circumstances. For example (i) where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used; (ii) if you withdraw your consent and there is no other legal ground for which we rely on for the continued use of your personal information; (iii) if you object to the use of your personal information (as set out below); (iv) if we have used your personal information unlawfully; or (v) if your personal information needs to be erased to comply with a legal obligation.
Right to restrict the use of your personal information	You have the right to suspend our use of your personal information in certain circumstances. For example (i) where you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information; (ii) the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead; (iii) we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defence of legal claims; or (iv) you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection.
Right to object to the use of your personal information	You have the right to object to the use of your personal information in certain circumstances. For example (i) where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party); and (ii) if you object to the use of your personal information for direct marketing purposes.
Right to withdraw consent	You have the right to withdraw your consent at any time where we rely on consent to use your personal information.
Right to complain to the relevant data protection authority	You have the right to complain to the relevant data protection authority, which is in the case of us, the Information Commissioner's Office, where you think we have not used your personal information in accordance with data protection law.

10. THIRD PARTY LINKS

Our Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for how they handle your personal information. When you leave our Website, we encourage you to read the privacy notice of every website you visit.

11. CHANGES TO OUR PRIVACY POLICY

Any changes we make to this Privacy Policy in the future will be posted on this page. The updated Privacy Policy will take effect as soon as it has been updated or otherwise communicated to you.

Last updated on 23 May 2018