Privacy Policy

Introduction

a. If this is not clear enough or you require any more information about our privacy policy, please feel free to contact us using the contact details set out on our website at openartspaces.co.uk (the “Site”).

b. Capitalised terms used herein but not otherwise shall have the meaning given in the terms and conditions found on the Site (the “Terms”).

c. The privacy of our visitors and Stall Holders is important to us. The privacy policy tells you what to expect when we collect and process your personal data, the rights that are available to you and how you can exercise them.

d. Open Creative Events Ltd (a company registered in England and Wales with company registration number 16340873 whose registered office is at Apollo House, Hallam Way, Whitehills Business Park, Blackpool, England, FY45FS) (we/us/the “Company”) is committed to protecting and respecting your privacy. The Privacy Policy will inform you as to how we look after your personal data when you visit our Site and tell you about your privacy rights and how law protects you.

e. Personal data, or personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). This policy sets out the basis on which any personal data we collect from you, or that you provide to us through your use of our Site, will be processed, stored and disclosed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting the Site or using any services offered through our Site, buying tickets to and/or attending an Open Art Market, and/or booking at a stand at an Open Art Market (the “Services”), you are deemed to have accepted and consented to the practices described in this policy.

f. The Site is owned and operated by Open Creative Events Ltd (16340873).

g. Open Creative Events Ltd processes personal data as a Data Controller as defined in the Data Protection Legislation (being the Data Protection Act 2018 and the General Data Protection Regulation (EU) 2016/679 (GDPR) (both as amended, updated or re-enacted from time to time)).

h. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.

2. Information we collect about you

a. We collect and process personal information so we can provide our Services to you. Personal information (or personal data), means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

b. The data we collect and process about you is explained in the sections below.

3. Data You Give Us

a. You give us information about you by:

i. corresponding with us by phone, e-mail or otherwise;

ii. subscribing to our newsletter;

iii. applying to exhibit your artwork at any Open Art Market or activation;

iv. purchasing a ticket to any Open Art Market;

v. purchasing any promotional services from us;

vi. uploading or submitting any material via the Site;

vii. requesting any information relating to the Services; and/or

viii. applying to attend a workshop.

b. The information you give us is voluntary information. The information you may choose to volunteer comprises a short description about your artwork that you are applying to exhibit, and any information that you upload in an application form.

c. We rely upon data subjects giving consent to use and process the data described above for one or more specific purposes. This data is necessary for our legitimate interests and for us to fulfil our contractual obligations to you, and we rely on this as a lawful basis to use and process the data described above.

4. Data We Automatically Collect

a. Each time you visit or use our Site, we automatically collect the following information:

i. technical information including the Internet protocol (IP) address used to connect your computer to the Internet, your browser type and version, time zone setting, location, network data, browser plug-in types and versions, languages, operating system and platform;

ii. information about your visit, including the full Uniform Resource Locators (URL) click stream to, through and from the Site (including date and time); pages you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any method used to contact us.

b. We use this information as statistical data about your browsing actions and patterns, for system administration, and to evaluate, provide, protect or improve our Services (including by developing new products and services). Because we collect, use and share this information in the aggregate, it does not identify any individual.

5. Information we receive from other sources

a. We embed an Instagram widget to allow you to access our Instagram page. This widget may collect your IP address, your web browser User Agent, store and retrieve cookies on your browser, embed additional tracking, and monitor your interaction with the widget, including correlating your Instagram account with whatever action you take within the widget (such as “liking/sharing” our Instagram page), if you are logged in to Instagram. For more information about how this data may be used, please see Instagram’s data privacy policy: https://help.instagram.com/155833707900388.

b. We embed a TikTok widget to allow you to access our TikTok profile. This widget may collect your IP address, your web browser User Agent, store and retrieve cookies on your browser, embed additional tracking, and monitor your interaction with the widget, including correlating your TikTok account with whatever action you take within the profile, if you are logged in to TikTok. For more information about how this data may be used, please see TikTok’s data privacy policy: https://www.tiktok.com/legal/page/global/privacy-policy-eea-archive/en.

c. We embed a Substack widget to allow you to access our newsletter. This widget may collect your IP address, your web browser User Agent, store and retrieve cookies on your browser, embed additional tracking, and monitor your interaction with the widget, including correlating your Substack account with whatever action you take within the profile, if you are logged in to Substack. For more information about how this data may be used, please see Substack’s data privacy policy: https://substack.com/privacy.

d. We use Google Forms on our Site to allow you to apply to exhibit your artwork at our Open Art Markets. These application forms may track your IP address and store the information that you have provided us with in the application form in accordance with their Terms of Service: https://policies.google.com/terms.

e. Our payment processing services are provided by Stripe and by using the Site to either receive payment proceeds or purchase content uploaded on the Site, you agree to be bound by the payment provider’s terms, which may be modified from time to time.

f. As the host of our Site, Wix collects your IP address, your usage data, and security information and stores and retrieves cookies on your web browser. For more information about how this data may be used, please see Wix’s privacy policy: https://www.wix.com/about/privacy.

6. How We Use Your Data

a. We use your data to present our Site and carry out Services in the following ways (and only when the law allows us to):

i. To assess any application that you may make to exhibit your artwork at our Open Art Markets

ii. To ensure that content from our Site is presented in the most effective manner for you and for your device;

iii. To sell and deliver any ticket to attend any Open Art Market; and

iv. To respond to communications from you and to provide you with information about our Services, including notifying you about changes to our Site or Services.

b. We also use your data to make our Site and Services better in the following ways:

i. To administer the Site for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.

ii. As part of our efforts to keep the Site safe and secure, e.g. by conducting analysis required to detect malicious data and understand how this may affect your IT system.

c. We will not send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under applicable data protection laws. If you are an existing customer, we will only contact you by electronic means (e-mail or notification on the Site) with information about services similar to those which were the subject of a previous enquiry by you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have expressly consented to this.

d. We use Substack for email communications: https://substack.com/about. Please visit their Privacy Policy to learn how they manage the information on their platform.

e. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Site may become inaccessible or not function properly.

f. You can ask us or Substack to stop sending you our newsletter at any time by following the opt-out links on any newsletter sent to you or by contacting us at any time. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please notify us in writing or by email.

7. How We Secure Your Data

a. All of your personal information is protected and we have put in place appropriate physical, electronic, and management procedures to safeguard and secure the data we collect. Your information is stored on secure cloud databases, internal servers, and on third party software. Your information is only accessible by the Open Art Spaces team who have authorised access rights to such information.

b. Your payment information is not visible to us and not sent to our server, using technology provided by our payment provider.

8. How Long We Store Your Data

a. We only keep your personal information for as long as it is necessary for our original legitimate purpose of collecting the information and for as long as we have your permission to keep it. We will delete your personal information when you request that we delete your account data, once the request is received we investigate and process the deletion request at our earliest convenience.

9. Disclosure to Third Parties

The circumstances under which we would share your personal data are:

i. If the third party is a member of our group (which means any subsidiaries or ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006).

ii. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

iii. If the Company or substantially all of its assets are acquired by a third party, in which case personal data will be one of the transferred assets and the purchaser will be permitted to use the data for the purposes for which it was originally collected by us.

iv. If we’re under a duty to disclose or share your personal data in order to comply with any legal obligation, enforce or apply our Terms and other agreements, or to protect the rights, property, or safety of the Company, our customers, or others (including exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).

10. Parties with whom You may Choose to Share Your Information

a. If you choose to connect to social media networks from our Site, then in accordance with your social media privacy settings, the personal information that you post, transmit, or otherwise make available on the social media platform may be viewed and/or used by other users of those networks and we have no control over such viewing and use and cannot prevent further use of such information by third parties. When you interact with us through social media networks, you acknowledge that we may access your information that is held by that account, solely in accordance with your social media privacy settings.

b. You may review, modify, update, correct or remove any personal data you have submitted to the Site at any time. If you remove information that you posted to the Site, copies may remain viewable in cached and archived pages of the Site, or if other users or third party APIs have copied or saved that information.

11. Lawful Bases

We will ensure that your personal data is processed lawfully, fairly, and transparently and that it will only be processed if at least one of the following bases applies:

i. You have given your clear consent to the processing of your personal data for a specific purpose.

ii. Processing is necessary for the performance of a contract to which you are a party (or for us to take steps at your request prior to entering into a contract with you).

iii. Processing is necessary for our compliance with the law.

iv. Processing is necessary to protect someone’s life.

v. Processing is necessary for us to perform a task in the public interest or in the exercise of official authority and the task/function has a clear basis in law.

vi. Processing is necessary for our legitimate interests or the legitimate interests of a third party, except where there is a good reason to protect your personal data which overrides those legitimate interests, such as allowing us to effectively and efficiently manage and administer the operation of our business, maintaining compliance with internal policies and procedures, monitoring the use of our copyrighted materials, offering optimal, up-to-date security and obtaining further knowledge of current threats to network security in order to update our security.

12. Data Subject Rights

a. Under the GDPR, you have the right to:

i. Withdraw your consent to the processing of your personal data at any time. Please note, however, that we may still be entitled to process your personal data if we have another legitimate reason for doing so (such as to comply with a legal obligation).

ii. Be informed of what data we hold and the purpose for processing the data, as a whole or in parts.

iii. Be forgotten and, in some circumstances, have your data erased by ourselves and our affiliates (although this is not an absolute right and there may be circumstances where you ask us to erase your personal data but we are legally entitled to retain it).

iv. Correct or supplement any information we hold about you that is incorrect or incomplete.

v. Restrict processing of the information we hold about you (for example, so that inaccuracies may be corrected—but again, there may be circumstances where you ask us to restrict processing of your personal data but we are legally entitled to refuse that request).

vi. Object to the processing of your data.

vii. Obtain your data in a portable manner and reuse the information we hold about you.

viii. Challenge any data we use for the purposes of automated decision-making and profiling (in certain circumstances—as above, there may be circumstances where you ask us to restrict our processing of your personal data but we are legally entitled to refuse that request).

ix. Complain to a supervisory authority (e.g. the Information Commissioner’s Office (ICO) in the UK) if you think any of your rights have been infringed by us. (We would, however, appreciate the chance to address your concerns, so please contact us prior to taking this step).

b. You will not have to pay a fee to access your personal data (or to exercise any of the other rights) unless your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

c. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

d. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

e. You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by contacting us at the Company Address, or via email, or by unsubscribing using the links contained in the marketing emails.

f. You may revoke your consent for us to use your personal data as described in this Privacy Policy at any time by contacting us, and we will delete your data from our systems.

g. To enforce any of the above rights, please contact us at our Company Address or via email: info@openartspaces.co.uk

h. We will notify you and any applicable regulator of a breach of your personal data when we are legally required to do so.

13. Children

If you are under 18, you must have permission from a parent or a legal guardian before you give us your personal and payment information. If we find that we have received information from you without the appropriate consent, we reserve the right to cancel all transactions and services and remove all personal data that you have provided. You will be able to re-submit the information when you have the required permission.

14. Links to other Websites

Our Site may contain links to external third-party websites. We are not responsible for the privacy and security of these websites unless they belong to Open Art Spaces. This privacy policy applies only to Open Art Spaces.

15. Changes to Our Privacy Policy

Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email. You will be deemed to have accepted the terms of the updated Privacy Policy on your first use of the Site following the alterations. Please check back frequently to see any updates or changes to our Privacy Policy.

16. Contact

Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to our Company Address or electronically submitting an enquiry via email: info@openartspaces.co.uk