- “You”, “Your”, “Yourself” and “User” shall mean and refer to natural and legal individuals who use the Website.
- “Website” shall mean and refer to www.artburt.com.
- “Personal Information” shall mean and refer to any personally identifiable information that We may collect from You. For removal of any doubts, please refer to Clause 2.
“Third Parties” refer to any website, company or individual apart from the User and the creator of the Website.
We commit to respecting your online privacy data. We further recognize your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us. Information that is considered personal about you by us includes, but is not limited to, your name, address, age, gender, location, email address, phone number or other contact information and the information related to the Service sought.
For sale of fine art on the Website, information we shall collect shall include but not be limited to your name, email id, mobile number, address, delivery address, IP Address, number of visits to the Website, time spent on ArtBuRt website, cart additions, purchase history on the Website.
For rent of fine art on the Website, information we shall collect shall include but not be limited to your your name, email id, mobile number, address, IP Address, number and duration of Website visits, User cart additions and purchase history on the Website.
You are therefore advised to re-read the Terms of Service on a regular basis. Should it be that you do not accept any of the modifications or amendments to the Terms, you may terminate your use of this website immediately.
4. INFORMATION WE COLLECT
Our site's online requisition form requires users to give us contact information (like your name, address, telephone number and email address), and demographic information (like your zip code/pin code) along with any other data that may be required such as age, interests, identification proof and information related to the Service sought from our website. As a member, you are required to provide a valid email address at registration and phone number. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information, your IP address, and other information associated with your interaction with the Site.
- To enable the provision of services opted for by you;
- To communicate necessary account and product/service related information from time to time;
- To allow you to receive quality customer care services;
- To undertake necessary fraud and money laundering prevention checks, and comply with the highest security standards;
- To comply with applicable laws, rules and regulations; and
- To provide you with information and offers on services, on updates, on promotions, on related, affiliated or associated service providers and partners, that we believe would be of interest to you.
Where any service requested by you involves a third party, such information as is reasonably necessary by the Company to carry out your service request may be shared with such third party.
We also do use your contact information to send you offers based on your interests and prior activity. The Company may also use contact information internally to direct its efforts for product improvement, to contact you as a survey respondent, to notify you if you win any contest; and to send you promotional materials from its contest sponsors or advertisers.
Further, you may from time to time choose to provide payment related financial information (credit card, debit card, bank account details, billing address etc.) on the Site. We are committed to keeping all such sensitive data/information safe at all times and ensure that such data/information is only transacted over secure Site of approved payment gateways which are digitally encrypted, and provide the highest possible degree of care available under the technology presently in use.
The Company will not use your financial information for any purpose other than to complete a transaction with you.
To the extent possible, we provide you the option of not divulging any specific information that you wish for us not to collect, store or use. You may also choose not to use a particular service or feature on the Site, and opt out of any non-essential communications from the Company.
Further, transacting over the internet has inherent risks which can only be avoided by you following security practices yourself, such as not revealing account/login related information to any other person and informing our customer care team about any suspicious activity or where your account has/may have been compromised.
5. HOW INFORMATION IS COLLECTED
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfilment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
The Website may include hyperlinks to other web sites or content or resources. We have no control over any websites or resources, which are provided by companies or persons other than Us.
You acknowledge and agree that We are not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
6. OUR USE OF YOUR INFORMATION
- Most browsers are set to automatically allow cookies. Please note it may be possible to disable some (but not all) cookies through your device or browser settings, but doing so may interfere with certain functionality on the Services.
- Major browsers provide users with various options when it comes to cookies. Users can usually set their browsers to block all third-party cookies (which are those set by third-party companies collecting information on websites operated by other companies), block all cookies (including first-party cookies such as the ones the Company uses to collect search activity information about its users), or block specific cookies.
You further acknowledge that the Website may contain information which is designated confidential by Us and that you shall not disclose such information without our prior written consent.
Your information is regarded as confidential and therefore will not be divulged to any third party, unless if legally required to do so to the appropriate authorities and in some instances for fulfilment of the services sought.
9. OUR DISCLOSURE OF YOUR INFORMATION
However, we have all the rights to display details collected from You. We may use the collected information and display the same on our Website. The following describes some of the ways that your personally identifiable information may be disclosed:
- External Service Providers: There may be a number of services offered by external service providers that help you use our Websites. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policy.
- Other Corporate Entities: We share much of our data, including personally identifiable information about you, with our parent and/or subsidiaries that are committed to serving your online needs and related services, throughout the world. Such data will be shared for the sole purpose of enhancing your browsing experience and providing our services to you. Further We may share any data obtained/collected with our advertising and analytics partners. We may divulge your personal information i.e. name, email id, phone number to other companies, agencies or corporations for financial/non-financial benefits. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other members. It is possible that We and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that we would share some or all of your information in order to continue to provide the service. You may or may not receive notice of such event.
- Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.
10. ACCESSING AND REVIEWING INFORMATION
Following registration, you can review and change all the information you submitted each time except your email id. If you change any information we may keep track of your old information. You can change your registration information such as: name, address, city, state, zip code, country, phone number and profile.
We will retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.
11. CONTROL OF YOUR PASSWORD
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. It is important that you protect it against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services.
12. OTHER INFORMATION COLLECTORS
We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the company. We do not recommend transfer of sensitive information (such as credit card number) and bank account details via the Site to other Users. Users are recommended to do so offline, on the phone or via personal emails. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once We receive it. However, "perfect security" does not exist on the Internet. You therefore agree that any security breaches beyond the control of our standard security procedures are at your sole risk and discretion.
15. DISPUTES AND JURISDICTION
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims through this policy will be resolved through a two-step Alternate Dispute Resolution mechanism.
- Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in case both parties accept the proposed name, the said person shall be appointed as sole mediator. In any case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties, however the parties in good faith will attempt to bind by the decision.
- Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bangalore, Karnataka, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. If the dispute cannot be resolved by this two-step Alternate Disp1ute Resolution mechanism, it shall be referred to the courts at Bangalore, Karnataka, India.
16. QUESTIONS AND SUGGESTIONS