TERMS / POLICY

ART LINS INC. SHARE MEMBERSHIP PROGRAM

TERMS OF SERVICE

 

 

Welcome to  SHARE

 

ART LINKS INC. is a Canadian Company directed by a couple of art professionals specialized in contemporary art. Muna Cann, a professional international art mediator and Gustavo Artigas, an international renowned visual artist.

 

ART LINK INC. offer you the possibility to live with a piece of art, which is part of our personal Art collection. Some artworks are available for purchase at the end of the experience. The “Art” that ART LINKS INC. offers consist in images, paintings, drawings, prints, photographs, videos, installations and sculptures.

 

PLEASE READ THESE TERMS OF SERVICE (“TERMS OF SERVICE”) CAREFULLY BEFORE USING, ACCESSING OR BROWSING ANY  PROPERTIES OR SERVICES. THESE TERMS OF SERVICE CONTAIN LEGAL OBLIGATIONS AND FORM AN AGREEMENT BETWEEN YOU (“YOU” HEREIN INCLUDES CUSTOMERS OR MEMBERS) AND (“ART LINKS INC.”, “US” or “WE”).

These Terms of Service, Privacy Policy, and any separate agreement you have with ART LINKS INC., applies to your use of any product, property or service of ART LINKS INC. (the “Service” or “Services”).

Your use of the Services constitutes your acceptance of the Terms of Service and creates a legally enforceable relationship between you and We reserve the right, in its sole discretion, to update or modify any part of these Terms of Service, in whole or in part, at any time. Your continued use of the Services constitutes your acceptance of the updated Terms of Service.

If you do not agree with the Terms of Service, Privacy Policy, or any separate agreement you have with , then please do not use the Services.

 

Customer Membership Registration

In order to access ART LINKS INC. Services, you must contact ART LINKS INC.’s staff and become a Member. No Registration could be made by Internet or any other methods, only with ART LINKS INC.’s staff directly.

ART LINKS INC Membership is active for 1 year, renewable if agreed with the Customer and ART LINKS INC.

To become a Member and access the Services, you must be over the age of majority in your jurisdiction.

You agree to provide accurate, current, and complete information, and to update such information as necessary. ART LINKS INC. reserves the right to suspend or terminate your Membership if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. ART LINKS INC. reserves the right, but does not have an obligation, to review your registration information.

You will continue to be bound by these Terms of Service for the year period that you used the Services.

Customers will be required to provide first name, last name, address, mobile, email address, current and accurate billing information (such as credit card number and billing address).

Customers are responsible for providing and maintaining current, complete and accurate contact, taxation, billing and delivery information. You must contact ART LINKS INC. immediately with any changes to your Membership information.

Personal Information, Privacy and Security

You consent to the collection and use of your personal information by ART LINKS INC. for the purpose of creating your Membership and your use of the Services. ART LINKS INC. will disclose your personal information as necessary for the provision of the Services. For further information on how your personal information is collected, used and disclosed by ART LINKS INC., please review our Privacy Policy.

 

 SERVICES.

 

SHARE Program

Customers with a Membership may have visual access to ART LINKS INC’s. Art collection through the catalogue on the website. ART LINKS INC.’s staff will choose available artwork with Customers to install them (1 artwork every 3 months for year period minimum) at their chosen location.

ART LINKS INC.’s staff will pack up and deliver the artwork to the place previously chosen by the Customer. Additional fees may apply if the Customer makes any change of the original settlement.

The artwork spot will be designated by ART LINKS INC staff and you.

A professional art mediator will join you in the installation day to discuss about the artwork and provide catalogues, books or links related to the chosen artwork. Additional fees may apply if the Customer makes any change or has new necessities out the original settlement.

Insurance coverage from our storage to your premises is provided by ART LINKS INC. Insurance for the pieces in your space will be arranged by an Insurance company WE suggest. The cost is added to the Customers expenses.

SHARE’s Program Rental Period is one (1) year. Artworks will rotate every three (3) months.

At the conclusion of a Rental Period, Customers may choose (if the Art remains available) to return the Art or purchase the Art, subject to ART LINK INC. agreement to sell the Art.

If the Customer choose to purchase, the amount paid by the Customer for the immediately preceding Rental Period will be deducted from the then current Purchase Fee for the Art.

Customers may pay the remaining Purchase Fee (plus taxes and any other fees) immediately, or in two instalments, the first instalment to be paid immediately, and the second within three (3) months. In the event that any amount of the Purchase Fee remains unpaid after three (3) months from the Purchase, then a 20% Convenience Fee will be charged on the balance owing.

If ART LINKS INC. and the Customer convene on purchasing a work of art, the Customer will receive an email confirming that their Purchase has been accepted, and the Customer will be charged the Purchase Fee, Insurance Fee, any applicable Delivery Fees, applicable taxes, and any other applicable fees in accordance with the fee terms in these Terms of Service and otherwise provided on ART LINK INC.’s website.

 

Value-Added Services

ART LINKS INC. may offer Members value-added services at an additional fee, such as Insurance review or purchase, Rent, Sale and Delivery of extra works of Art, Events for Social presentations of the works in your place or Art Consultancy. These services will be offered through ART LINKS INC.’s staff, and if accepted, your credit card or account will be charged a fee for the service. Value-added services may be subject to separate agreement terms, with us or with third-parties.

ART LINKS INC.’s Responsibilities

Administration

ART LINKS INC. is responsible for the administration of the Services, and certain value-added Services you may purchase.

Art supplier

ART LINKS INC. is responsible for the availability and supply of the Art Works, for SHARE Program. The Art Work collection belongs to ART LINKS INC. Any purchase possibility has to be approved by US and the Customer.

ART LINKS INC. Is responsible for changing the Artwork every 3 months. This includes wrapping, transportation, transportation insurance, installation and returning the Artwork back to ART LINKS INC., in the same conditions.

Transactions are between  and Customers – No Agreement with Artists is possible.

All communications in respect of SHARE Program or other Services are solely between ART LINKS INC. and Customers.

Insurance

Transportation insurance coverage from our storage to your premises is provided by ART LINKS INC. Insurance for the pieces in your space will be arranged by an Insurance company WE suggest or approve. The cost is added to the Customers expenses. Our Transportation insurance covers as well the pickup of the work. In case of a sale of the work the Transportation Insurance will stop being applied. New insurance advices for the acquired work are provided at no cost.

Ownership of Art Collection

ART LINKS INC. warrants that we are the owners of the Art we are making available for rent or eventually purchase.

ART LINKS INC. warrant that the Art has not been created using any pirated or unlicensed content, or other materials that include copyrighted or trade-marked material.

ART LINKS INC. warrant that the Art is in good condition and free from defects in material, workmanship, and design. In every Rental or Purchase case, will issue an Inventory and Conservation Sheet in which will be specified all Artworks characteristics as well as its Conservation Status.

Customer’s Responsibilities

Use of Art

In every Rental or Purchase case,  will issue an Inventory and Conservation Sheet in which will be specified all Artworks characteristics as well as its Conservation Status. It is the Customer responsibility to return the artwork in the same conditions it was rented.

The Customer has to establish a date of Delivery with ART LINKS INC.’s staff and assure someone will receive the Art work at the designated spot. If no one receives the artwork on the designated date and place, a penalty of 250 CAD has to be payed to ART LINKS INC.

The Customer is responsible to make everything possible for ART LINKS INC. to pick up the Artwork at the designated spot. Otherwise additional fees will apply.

The Customer will place the Art at the location and address agreed to with ART LINKS INC., and will not remove the Art from this location. Copying or otherwise exhibiting the Art in any manner other that what has been expressly agreed is strictly and expressly prohibited. The Customer may not alter, modify, or attach anything to the Art.

The Customer agrees to only exhibit the Art in a climate-controlled environment unless otherwise agreed with ART LINKS INC.

The Customer may not rent the Art to third parties, and may not grant the Art on loan or give the Art to a third party in any manner whatsoever.

Damages and Insurance

The Customer will be responsible for risk of loss, theft, damage or destruction to the Art from any and every cause. The Customer will inform ART LINKS INC. immediately and in writing of an Art being damaged, misplaced, stolen or destroyed. Within ten (10) days of the occurrence of the damage, loss, theft or destruction of the Art, the Customer will pay the full Purchase Fee of the Art to ART LINKS INC. or, in the case of damage, the amount for repair or restoration of the Artwork as determined by ART LINKS INC.

Failure to Return Art

If a Customer fails to return Art upon the expiration of a Rental Period and has not purchased it, the Customer will continue to be charged the Rental Rate for each additional day/week/month until the Art is returned, plus a late charge fee of 250 CAD.

Fees

The Customer shall pay to all applicable fees and taxes in respect of any Rent, Purchase, the Services, and for any value-added Services. Customer agrees to pay the agreed fees, and any applicable taxes, service fees, and any other charges specified. ART LINKS INC. reserves the right to suspend any transactions for any reason, including if we suspect fraudulent activity, or if you are in breach of these terms.

The Customer’s credit card will be charged as agreed with ART LINKS INC for the Purchase of Art, or for high value items, Customer may access funding options through third party providers, or pay via direct bank deposit to ART LINKS INC, or ART LINKS INC may bill your credit card for a deposit amount and require you to pay the remaining balance by another means of payment, and any value-added Services unless otherwise specified. An administration fee may apply for any cancelled transactions. Once payment has been confirmed by ART LINKS INC team, the Art may be transferred to the Customer.

The Customer will be charged on a monthly, three months, or annually basis, by agreement, depending on the Customer’s choice.

Cancellation

Purchase of Art on ART LINKS INC, including Art Rental, is non-refundable, unless ART LINKS INC. and Customer mutually make an agreement in respect thereof. If they mutually agree to make a refund, ART LINKS INC must notify date of termination, and will issue a pro-rated refund, as appropriate, to the Customer for fees paid, and adjust the Service Fee payable to ART LINKS INC accordingly.

If a Customer chooses to terminate their Rental within the first month of the Rental Period, ART LINKS INC. will charge the Customer the Rental Fee for the first month (plus applicable taxes), a termination processing fee, and any associated delivery of pick-up fees, as applicable.

Intellectual Property and Proprietary Content

The Service includes proprietary, trademarked and copyright-protected content, including artistic works, such as photographs, pictures, illustrations and graphics. All Content is protected by intellectual property laws, including copyright and trade-mark laws, and is owned by ART LINKS INC, licensed to ART LINKS INC, or otherwise provided by a third-party.

Member Conduct

You agree that your use of the Service will be in accordance with all applicable laws and regulations and that you will not use the Service in an unlawful manner.

You agree not to:

  • copy, modify, sell, resell, make derivative works, create a database, aggregate, deep link, republish, retransmit, distribute, transfer, communicate, broadcast or otherwise make the Service available, including without limitation, by caching, ripping, scraping, harvesting, framing, circumventing technological protection measures or other security feature, or similar means, without the prior written consent of ART LINKS INC;
  • use the Services for any commercial purpose;
  • use the Service in any manner that violates or attempts to violate the security of the Service, using any spider or other devices or viruses or code designed to disrupt, scrape, damage or otherwise limit the functionality of ART LINKS INC site, or copy or monitor the site, or attempting to scan or test the site to breach its security;
  • use the Service to transmit abusive, defamatory, libelous, sexist, racist, discriminatory, unlawful, harmful to minors, demeaning, offensive, threatening, obscene, illegal conduct, violates the rights of others, or misleading content, material or communication, of any kind or nature whatsoever;
  • infringe any intellectual property rights including copyrights, trade-marks, proprietary rights, privacy rights, publicity rights or any other rights of any kind whatsoever;
  • promote political, religious, commercial activities, including but not limited to advertising, linking, or any other form of solicitation for goods and services without the prior written consent of ;
  • promote commercial activities, such as to conduct sales of goods and services of any kind, promote charitable donations, or participation in sweepstakes and contests, whether by advertising, solicitations, links or any other form of communication, without the prior written consent of ART LINKS INC; or
  • solicit users to other services that compete directly or indirectly with this Service, or diminishes the users need to use this Service.

Disclaimer and No Warranty

Your reliance on the Service is solely at your own risk. You expressly agree that to the maximum extent as permitted by law, the Service is provided to you on an “as is” and “as available” basis. ART LINKS INC makes no warranty that the Service will be free from viruses, infection, harmful elements, uninterrupted, error-free, and free from delays or omissions.

You acknowledge and agree that there are hazards inherent in Internet communications, and ART LINKS INC shall not be liable for any delays, omissions, inaccuracy or data loss through your communications and use of the Service. The Service may be unavailable for any reason from time to time, including without limitation maintenance and disruptions. ART LINKS INC cannot guarantee 100% availability of the Service. You acknowledge that your access to the Service may be interrupted from time to time.

ART LINKS INC does not make and hereby expressly disclaims to the maximum extent permissible by applicable laws, all representations, warranties, terms, conditions, and endorsements, of any kind whatsoever, whether express or implied, statutory or otherwise, including implied warranties and conditions of merchantability, fitness for a particular purpose, accuracy, completeness, suitability, reliability, satisfactory quality, loss of data, virus-free, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade, and any obligation, liability, right, claim or remedy in tort or breach of contract including negligence, in respect of the Service.

Limitation of Liability

In no event shall ART LINKS INC be liable or responsible to you or anyone else (jointly or severally) in any way for any claim, injury, personal injury, loss or damage of any kind whatsoever, including without limitation any direct, indirect, incidental, exemplary, special, punitive or consequential damages or any damages for loss of profits, lost savings, economic loss, revenue, goodwill, business interruption, loss of information or data or other intangible losses, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way related to or resulting or arising from, or in any way connected with the Service, including without limitation: (i) your use or inability to use or access the Service; (ii) any claims that the Member Content (I) breaches any intellectual property, privacy or publicity rights, (II) is defamatory, illegal or offensive, or (III) contains any errors, omissions, inaccuracies; (iii) personal injury, illnesses, or property damage of any kind whatsoever relating to or arising from your use of the Service; (v) any damage from any viruses, or other elements that may be harmful to your communication equipment arising from or relating to your use of the Service; (v) any acts, omissions, errors, statements, conduct, ability, service quality of any third-party (including but not limited to Artists and Customers), including whether accessed or processed on the Service, or otherwise; or (vi) any other matter relating to the Service, regardless of whether ART LINKS INC had been advised of or could have foreseen the possibility of such claim, loss or damage.

By using the Service, you irrevocably waive the right to assert any claim with respect to any of the foregoing against ART LINKS INC. The limitations of liability and disclaimers described herein will apply regardless of the form of action, whether in contract, tort (including negligence), civil liability, strict liability, or otherwise. Notwithstanding the foregoing, in no event will ART LINKS INC ’s aggregate liability to you exceed the lesser of (1) the amount paid to ART LINKS INC by you for your use of the Services in the three (3) months immediately preceding the event giving rise to such claim, or (2) $500 CDN.

Indemnity

You agree to indemnify, hold and save harmless ART LINKS INC and its respective heirs, executors, successors and assigns from and against any and all claims, demands, expenses (including, but not limited to, reasonable legal fees), damages, causes of action, obligations, liabilities, losses and costs or debt arising out of, in connection with, relating to or incidental to your use of the Services or Art, including but not limited to any transactions through the Service, any breach of a term of these Terms of Service, any breach of a term of any other agreement with ART LINKS INC, any injuries (including bodily harm or death), losses, damages, including property damage, of any kind arising in connection with or as a result of the use, rental, purchase, sale or booking of any Art, any violation of any law, rule or regulation of Canada or any other country, and any violation of the rights of any other person or entity.

General

The termination or expiry of the Services or Registration Account will not affect the survival and enforceability of any provision of this agreement which is expressly or impliedly intended to remain in force after such termination or expiry. Except as expressly provided in these Terms of Service, no amendment or waiver of this agreement is binding unless executed in writing by the parties. No waiver of any provision of this agreement constitutes a waiver of any other provision, nor will any waiver of any provision of this agreement constitute a continuing waiver unless otherwise expressly provided. Each of the provisions contained in this agreement is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction will not affect the validity or enforceability of any other section. These Terms of Service are subject to and will be interpreted according to the laws in effect in the Province of Ontario and the federal laws of Canada applicable therein. The parties are entering into and performing this agreement as independent contractors. Nothing in this agreement is to be taken to constitute an association, agency, joint venture or partnership between the parties or to impose any liability attributable to any such relationship upon either party and neither party has the right to bind the other contractually or otherwise without prior written consent.

Disputes

In the event of an Artist or Customer dispute (including but not limited to failure to fulfill terms of transaction, failure to make Art available on first date of rental, failure to return Art), you may contact ART LINKS INC’s Customer Care team to notify ART LINKS INC of the dispute between Artist and Customer, and ART LINKS INC will suspend fees payable until ART LINKS INC is notified by Artist and Customer that the dispute is resolved, and issue any refunds required by law.

If any disputes arise between you and ART LINKS INC, or between Artist and Customer, without prejudicing any rights or remedies the parties may have, you agree to contact ART LINKS INC’s Customer Care team and meet to discuss and attempt in good faith to resolve any such disputes.

Contact Us: info@artlinksinc.ca

Last Updated: February 1, 2019

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                                       ART LINKS INC.

Privacy Policy

 

Effective Date: February 17, 2019

Art Links Inc. (or “we”) adopted this Privacy Policy to reflect our commitment to protecting your privacy. We take the collection of personal information from our Users seriously and are committed to protecting each User’s privacy in accordance with this Privacy Policy.In this Privacy Policy, we use the term “User” to include any individual who accesses and uses any of the Services,

 

WHERE THIS PRIVACY POLICY APPLIES

This Privacy Policy applies to (a) users of our websites, digital applications, and online services, including www.artlinksinc.ca (the “Websites“); (b) Trade Access services, (c) live events, mediations and conferences, (d) awards programs, and (e) surveys, contests and sweepstakes (together, the “Services“).

If a particular Service refers or links to a different privacy policy, then that privacy policy — not this Privacy Policy — applies.

Our agreements with certain business customers may contain provisions about the collection, use, storage and disposal of information collected through the Services and offline. If a provision of a customer agreement conflicts or otherwise is inconsistent with a provision of this Privacy Policy, then the provision of the customer agreement will prevail but solely to the extent of the conflict or inconsistency. Please contact info@artlinksinc.ca with questions.

 

HOW TO CONTACT US

You may contact ART LINKS INC. directly if you have any question regarding the Services or our privacy practices. Please send your query toinfo@artlinksinc.ca.

 

INFORMATION WE COLLECT

We provide various informational, educational, and entertainment features as part of the Services. To operate these features, we collect information from our Users. The types of information that ART LINKS INC. collects depends on the purpose for which each User chooses to use the Services.

We use the information we collect from Users to provide more meaningful artistic, editorial and advertising content and to offer relevant products and services, as well as to maintain, protect and improve Users’ overall experience.

  • When a User uses the Website, ART LINKS INC may collect the name, email address and postal service address of the subscriber and, if a gift subscription, of the purchaser.
  • When a User creates an account to use a premium service, ART LINKS INC. may collect name, title, company name, email address, and postal address.
  • When a User registers for a live event or conference, ART LINKS INC. may collect name, title, company name, gender, age, email address, and postal address.
  • When a User enters an awards program, ART LINKS INC. may collect name, title, company name, email address, and postal address as well as other information about the User’s activities,
  • When a User enters a survey, contest, or sweepstakes, which is an entirely voluntary act, ART LINKS INC. may collect name, title, company name, email address, and postal address as well as other information about the User’s interests
  • When a User submits a request for support, ART LINKS INC. may collect the following types of information: name, telephone number, email address and other information that the User chooses to give us to respond to the support request.
  • In addition to the information you provide us directly, we receive information about you from service providers that help us operate and improve the Services including for data hosting and maintenance, analytics, marketing and security operations. All of our service providers must adhere to confidentiality obligations that are consistent with this Privacy Policy and the agreements we enter into with them.
  • When you connect with us through a social media platform, we may, depending on your privacy settings, receive some information from your social media account.

When you use the Services, we use collect information about which features you’ve used, how you’ve used them and the devices you use to access the Services. Depending on the settings of a User’s computer or mobile device (“Device“), ART LINKS INC. also automatically collects: Internet Protocol (IP) address; MAC address; Device make, model and operating system version; mobile network information; internet service provider; browser type and language; country and time zone in which the Device is located; and metadata stored on the Device. This information is collected through cookies and other tracking tools. (For more information about cookies, please see below [and our Cookie Notice].)

ART LINKS INC. may supplement the information you provide to us with information from other sources. All of this information is treated as personal information when it directly or indirectly identifies an individual User.

HOW WE USE INFORMATION

We use information to operate the Services, including:

To administer your account and provide the Services to you

  • Create and manage your account
  • Provide you with customer support and respond to your requests
  • Communicate with you about the Services

To inform you about offers and events

  • Develop, display and track content and advertising tailored to your interests on the Services and other websites
  • Communicate with you by email, phone, social media or mobile device about products or services that we think may interest you
  • Administer sweepstakes, contests, discounts or other offers with the support of affiliated or non-affiliated sponsors and/or promotional partners. For each contest or sweepstakes, we will provide notice of the applicable rules and if necessary, post any supplemental privacy provisions. To the extent there is a conflict between those privacy provisions and this Privacy Policy, the privacy provisions for the specific contest or sweepstakes will govern but solely to the extent of the conflict.
  • The information collected in conjunction with events may also be used for the marketing of additional services and events by us and/or our promotional partners and sponsors beyond the contest, sweepstakes and/or special event. Depending on the event, Users either grant their approval on how their information is used before it is collected (‘opt-in’), or choose to deny use of their information for additional purposes (‘opt-out’).

 

To improve the Services and develop new ones

  • Administer focus groups and surveys
  • Conduct research and analysis of Users’ behaviour to improve the Services
  • Develop new features and services.

To prevent, detect and fight fraud or other illegal or unauthorized activities

  • Address ongoing or alleged fraud or other misbehaviour on or though the Services
  • Analyze data to better understand and design countermeasures against fraud
  • Retain data related to fraudulent activities to prevent against recurrences

To ensure legal compliance

  • Comply with legal requirements
  • Assist law enforcement
  • Enforce or exercise our rights, for example our Terms of Service

To process your information as described in this Privacy Policy, we rely on the following legal bases:

  • Legitimate interests: We may use your information where we have legitimate interests to do so. For example, we analyze our Users’ behaviour to improve the Services, to prevent and detect fraud and misuse, and to market the Magazines to you.
  • Consent: From time to time, we may ask for your consent to use your information. You may withdraw your consent at any time by contacting us using the contact information provided above.

USE AND COLLECTION OF INFORMATION BY OPERATIONAL PROVIDERS

For the convenience of our Users, we may provide the opportunity to purchase certain goods, merchandise and services through the Services. Companies other than ART LINKS INC. may handle some of these transactions. We call the companies that conduct our e-commerce operations, order fulfillment and/or contract services our “operational providers.” If you choose to use these Services, our operational providers will request information to fulfill your order or request. The voluntary submission of your personal information to these operational providers, including your order or request, is governed by the specific operational provider’s privacy and other terms. To facilitate an order or request, we may share information with the operational provider. The operational provider also may share your information with us. We will store this information in our User database. In most instances, we request that our operational providers adhere to the provisions in this Privacy Policy and only share Users’ personal information with us, unless necessary to complete a User’s request or order. We also request that these providers only use the personal information for the purpose of conducting the sale or fulfilling the requested service or order. However, you must read an operational provider’s privacy policy to determine the extent of use and disclosure of your personal information collected by them. ART LINKS INC., its parents, affiliates and subsidiaries are not responsible for the collection, use and disclosure practices of operational providers, nor is ART LINKS INC. responsible or liable for the products or services provided by operational providers.

 

HOW WE SHARE INFORMATION

 

  • With our operational providers and partners
 We use third-party operational providers to help us operate and improve the Services. These third parties assist us with data hosting and maintenance, analytics, customer care, marketing, payment processing and security operations. All of our service providers must adhere to confidentiality obligations that are consistent with this Privacy Policy.
We also provide co-branded services or promotions with certain sponsors or other business partners. As a part of these services or promotions, we may request the submission of your personal information for participation and/or registration. We share this information with the sponsor or partner participating in the service or promotion. If the sponsor or partner collects your personal information, they may also share your information with us.
  • With our affiliates
 We share your information with our affiliates to help us with technical processing operations, such as data hosting and maintenance, customer care, marketing and targeted advertising, better understanding how the Services are used and Users’ behavior to improve the Services, securing our data and systems, fighting against spam, abuse, fraud and intellectual property infringement.
  • For corporate transactions
 We may transfer your information if we are involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control.
  • When required by law
Applicable law may require us and our service providers to disclose your information if: (i) reasonably necessary to comply with a legal process, such as a court order, subpoena or search warrant, government investigation or other legal requirements; or (ii) necessary for the prevention or detection of crime (subject in each case to applicable law).
  • To enforce legal rights
 We may also share information: (i) if disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary to protect our legal rights and legal rights of our users, business partners or other interested parties; (iii) to enforce our agreements with you; and (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
  • With your consent or at your request 
We may ask for your consent to share your information with third parties. When we do, we will make clear why we want to share the information.

We may collect and provide aggregate information about our Users (such as how many persons visited a particular page or activity or the likes and dislikes of our Users) to our advertisers, sponsors, promotional partners and affiliates but this aggregated information does not include personal information about any individual User.

 

OUR USE OF COOKIES AND TRACKING TOOLS

Our Websites use cookies and other tracking tools.

A cookie is a small data file that contains a unique identification number that a website places on your hard drive when you visit a site. The cookie stores information about your computer, the type of browser you use, and how many times your computer visits a certain site. Cookies enable us to track how often Users are visiting our Websites and the specific pages visited, the number of entries in specific events, the estimated audience size for sponsors and advertisers, and other User preferences. You can refuse to use cookies by turning them off in your browser. You do not need to have cookies turned on to use most of the Websites. However, you may find that some areas on the Websites will be slower, or may not function at all, and you may not be able to participate in certain activities such as contests or sweepstakes if the cookies are disabled. To learn more about cookies generally, visit http://www.allaboutcookies.org.

The Websites also use clear GIFs [Graphics Interchange Formats] (also known as pixel tags, web beacons or web bugs). A clear GIF is computer code that contains a unique identifier that enables us to monitor user activity and traffic of the Websites. We use GIFs to gather aggregate information on visits to our Websites, track usage of Website links and assist with registration and other features.

USE AND COLLECTION OF INFORMATION BY ADVERTISERS AND SPONSORS; THIRD PARTY COOKIES AND TRACKING TOOLS

We use third-party advertising companies to serve ads on the Websites. These advertising companies may collect and use information (not including your name, address, e-mail address or telephone number) about your visits to the Websites and other websites not owned and operated by us, and may also combine this information with other data about your purchases and interests from other online and offline sources, in order to provide advertisements about goods and services that may interest you (as inferred from your online activity).

We also share usage information about Users of the Websites with these companies for the purpose of managing and targeting advertisements and for market research analysis on the Websites and other websites. For these purposes, we and our third party advertising companies may note some of the pages you visit on the Websites through the use of GIFs. In the course of serving advertisements to the Websites, our third party advertisers may place or recognize a unique ‘cookie’ on your computer. The Websites may post banner ads and other forms of advertisements, and/or links to the websites of affiliate entities or of advertisers or sponsors who are companies that are not owned or operated by us, or our affiliates or subsidiaries. These entities may independently solicit and collect personal information, or send their own cookies and/or clear GIFs to our Users. The data collected is used in order to provide advertisements about goods and services that may be of interest to Users of the Websites and other interactive media and may be used to keep track of user response to each advertisement. We also work with third-party data analytics and online targeting companies. Some of these companies may use non-personal information (not including your name, address, email address or telephone number) about your visits to the Websites and other websites in order to provide data and targeting recommendations based on which we may provide advertisements about goods and services of interest to you.

Many of the third-party companies we work with are members of the Network Advertising Initiative (NAI), a cooperative on online marketing and analytics companies committed to building consumer awareness and establishing responsible business and data management practices. The NAI has developed a tool that allows consumers to opt out of targeted advertising delivered by NAI members’ ad networks. To learn more about opting out of targeted advertising or to use the tool, go to http://optout.networkadvertising.org/.

Please be advised that when you link to or visit an advertiser’s or sponsor’s website, we may frame the site with our website logo; however, you will be subject to the privacy policy and terms of usage agreement of that website operator. ART LINKS INC. and its affiliates are not responsible for advertiser or sponsor ads and/or links or the content, activities, information collection, use and disclosure practices of the websites of advertisers and sponsors.

HOW WE PROTECT AND RETAIN INFORMATION

We use physical, technical and organizational measures designed to protect your information against unauthorized access, theft and loss. We restrict access to your personal information to those employees who need to know that information to service your account or perform their job functions.

Although we takes precautions intended to help protect information that we process, no system or electronic data transmission is completely secure. Any transmission of your personal data is at your own risk and we expect that you will use appropriate security measures to protect your personal information.

You are responsible for maintaining the security of your account and the information in your account. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. You understand and agree that we may deliver electronic notifications about breaches of security to the email address on record on your account.

If you believe that your account or information is no longer secure, please notify us immediately at info@artlinksinc.ca.

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide services to you (for example, for as long as you have an account with us or keep using the Websites);
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them)
  • Whether retention is advisable; and considering our legal position (such as, for statutes of limitations, litigation or regulatory investigations).

 

CROSS BORDER DATA TRANSFERS

Sharing of information sometimes involves cross-border data transfers to or from the United States of America and other jurisdictions. For example, where the Services are available to Users in the European Economic Area (“EEA”), personal information is transferred to the United States. We use the EU-US and Swiss-US Privacy Shield and standard contractual clauses approved by the European Commission to validate transfers of EEA residents’ personal information from the EEA to other countries. For more information about our Privacy Shield certification, please read the PRIVACY SHIELD section below. Standard contractual clauses are commitments between companies transferring personal information of EEA residents to protect the privacy and security of the transferred personal information.

YOUR CHOICES ABOUT YOUR INFORMATION

If you would like to review, correct, update, suppress, restrict or delete personal information (including Personal Data as defined in the PRIVACY SHIELD section below) that you have previously provided to us, or if you would like to receive an electronic copy of your personal information for purposes of transmitting it to another company (if this right to data portability is provided to you by law), you can contact us at18’ Shaw Street Suite 315 info@artlinksinc.caor by mail to ART LINKS INC., 315 – Shaw Street, Toronto, Ontario, Canada M6J 2W5.

In your request, please make clear what personal information you would like to have changed, whether you would like to have your personal information suppressed from our database, or other limitations you would like to put on our use of your personal information. For your protection, we only fulfill requests for the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before fulfilling your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we often need to retain certain data for recordkeeping purposes and/or to complete any transaction that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the personal information provided until after the completion of such purchase or promotion). Our databases and other records may have residual data which will not be removed. In addition, we also may not allow you to review certain data for legal, security or other reasons. If at any time you believe that the Services have not adhered to this Privacy Policy, please let us know. We will use good faith efforts to determine and correct the problem.

If you are an EEA resident, you have the right to lodge a complaint with a data protection authority about how we process your personal information. Please also see the PRIVACY SHIELD section below.

 

CHILDREN’S PRIVACY

ART LINKS INC. respects the privacy of your child and we want to share with you our policies regarding children under the age of thirteen (13). Although Users of all ages may navigate through the Services, we do not knowingly collect personal information from anyone under age thirteen (13). If we learn that a child under age thirteen (13) has improperly provided us with information, we will notify the child’s parent or legal guardian and thereafter delete the child’s personal information from our records.

 

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you can request a notice disclosing the categories of personal information about you that we have shared with third parties for their direct marketing purposes during the preceding calendar year. To request this notice, please submit your request to Privacy Officer, ART LINKS INC., 315 – Shaw Street, Toronto, Ontario, Canada M6J 2W5. Please allow 35 days for a response.

 

LINKS TO OTHER WEBSITES AND SERVICES

The Services may include links to third-party websites and services that are not operated by us. When you click these links, you will be directed away from the Services. A link to a third-party website or service does not mean that we endorse it or the quality or accuracy of information presented on it. If you decide to visit a third-party website or service, you are subject to its privacy practices and policies, not ours. This Privacy Policy does not apply to any personal information that you provide to these other websites and services.

 

CHANGES IN THE PRIVACY POLICY

The Effective Date at the top of this page indicates when this Privacy Policy was last revised. Unless applicable law prevents or a change is needed to protect the privacy or security of our uses, we will notify you before any material change takes effect so that you have time to review the changes before they are effective. Your use of the Services after the Effective Data means that you accept the Privacy Policy as revised.