Legal

Privacy Policy

Effective Date: October 20, 2022

This Privacy Policy (the "Policy") describes how The FLAG Art Foundation (the “Foundation” or “we” or “our” or “us”) collects, stores, shares, and uses information, and your choices about privacy when you use our website and services (collectively, the “Services”). 

The Foundation knows that you care about and are concerned with how your personal information is used and shared. Your privacy is important to us, and we ask that you read this Policy carefully to be informed about our practices. By visiting flagartfoundation.org (the "Site"), you (“you” or “user” or, collectively, “users”) acknowledge that you accept and agree to the practices and policies outlined in this Policy and hereby consent to the collection, use, and sharing of your information as described herein.

I. What Does This Privacy Policy Cover?

This Policy covers our collection and use of your personally identifiable information ("PII") when you access our Site, which PII is either provided to us by you or collected automatically because you have visited or transacted on the Site. This Policy does not apply to the practices of third parties that we neither own nor control.

II. What PII Do We Collect?

The PII we collect from Users of the Site enables us to personalize and improve our Services. PII has been aggregated or made anonymous so that by itself it no longer identifies and can no longer reasonably be used to contact a specific person or household.

We collect the following types of information from our Users:

  1. PII You Provide Us: If you sign up for our newsletter, you will be required to provide us with your email address and will be doing so pursuant to the terms of this Policy. If you would like to stop receiving the newsletter from us, you may unsubscribe by using that functionality at the bottom of any such mailing or contact us at info@flagartfoundation.org.

  2. Information Collected Automatically:

    • Whenever you view, access, or interact with our Site, the web host, Squarespace, automatically collects information such as your IP address and web browser. How you move through the Site, what pages you visit, and what items you click on is data which is automatically collected and stored and linked by them which is then shared with Google Analytics, to learn about site traffic and activity. For more information regarding Google Analytics and its use of PII, please visit this link. The Squarespace privacy policy can be found here.

    • When usage information is collected, this data is used in anonymized and aggregated form, and not in a manner that can identify you or a household. We may also provide this anonymized and aggregated information to third-party service providers in the normal course of business providing our services to you. We do not disclose anonymized or aggregated information to a third-party service provider in a manner that can identify you or your household.

III. Do We Share or Sell Any of the PII We Receive?

We neither rent nor sell your PII to anyone, however we may share your PII with third-party service providers as described below. For any such third-party service providers, we encourage you to visit their respective websites to review their terms of use and/or privacy policies. 

IV. Legal Basis for Processing PII

Our legal basis for collecting and using PII as described depends on the personal information in question and the specific context in which it is collected. We will normally collect PII only where we have your consent to do so, and where the PII is necessary for us to perform a service. 

  1. Third-Party Service Providers: We engage with third-party service providers to undertake work on our behalf and in doing so may be required to share PII with them in furtherance of their work with us and in order to provide products and services to you. Unless we inform you otherwise, these third-party service providers do not have any right to use the PII we share with them beyond what is necessary to provide their services to us. 

  2. Communication about the Site: As part of the Site and our services, you may receive communications from us. We may send you email, contact you, or engage you in other communication that we determine relates to your use of the Site. If you would like to opt-out of these communications, you may unsubscribe from any emails by sending us your request to info@flagartfoundation.org or by using the unsubscribe link at the bottom of the email.

  3. Purchases on the Site: If you make a purchase on the Site, you will be asked to provide your email address and your shipping address in order to do so. 

  4. Protection of the Foundation and Others: We may release PII when we believe in good faith that its release is necessary to comply with the law, or to enforce any of our third-party agreements; and to protect the rights, property, or safety of the Foundation, our employees, our users, and others as situations may arise. This includes but is not limited to sharing information with third parties to mitigate fraudulent activities on the Site.

  5. We may use all of the PII that we obtain from or about you in order to fulfill our contractual obligations, for legitimate business purposes, or as required:

    • to provide our Services to you, including any and all new Services we may develop later;

    • to facilitate our communications with you;

    • to operate, improve, and customize our Services, to develop new Services, and to understand how you use and interact with our Services;

    • to promote and maintain a trusted, safer, and more reliable environment, for example, to help detect, prevent, or otherwise address fraud, security, or technical issues, or conduct investigations or risk assessments;

    • to contact you in order to address issues with your use of our Services (such as purchases), send you updates about our Services or policies, or for other purposes permitted by law;

    • to comply with our legal obligations, resolve disputes, or enforce any other Foundation policies or agreements with Users; and

    • to perform other functions as described when the information is collected or requested, or for other purposes with your prior consent.

  6. The Foundation recognizes the rights of our Users to withdraw consent given to the Foundation for the collection of their PII at any time.

  7. The Foundation will respond to requests made by Users exercising their rights within a reasonable period of time after the individual’s request or within any specific period that may be required by applicable laws. 

  8. The Foundation will handle and investigate complaints made by individuals and will respond to such complaints in a timely manner.

 V. Cookie Policy

  1. This website uses cookies, web beacons, and similar technologies (such as tracking URLs), which are small files or pieces of text that download to a device when a visitor accesses a website or app. (For more information regarding Squarespace’s cookie policy, please visit this link.) These technologies are used to assess how you engage with the Site and our emails, as well as to use any data to improve and customize the Site and our marketing.  Your web browser may allow you to disable cookies; if you do disable them, you may lose some or all of the functionality on the Site.  

  2. Session cookies normally expire when you close your browser, while persistent cookies remain on your device until they expire or are deleted by you. “Web beacons” are pieces of code or pixels embedded in a web page or email to track engagement with and responses to emails, web pages or ads, or to access or communicate with cookies. “Tracking URLs” are special URLs that can be used to track engagement with and responses to emails or web pages.

  3. Opting-Out: Third-party providers may offer you a way to opt-out of receiving cookies from them by visiting their own website or the website of industry groups such as the Network Advertising Initiative and the Digital Advertising Alliance. For example, you may opt-out of receiving ad-related cookies from Google through its Ad Settings. If you opt-out of receiving cookies from one of these providers, it may place a cookie on your device to remember your preference. For more information about AdChoice, please visit their website. Accordingly, if you delete cookies, install a new browser, or start using a new device, you may need to repeat the opt-out process. 

VI. Is Your PII Secure?

We endeavor to protect the privacy of your PII that we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. The Site may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read that site’s privacy policy and/or terms of use.

 VII. What Choices Do You Have? 

  1. You can opt not to disclose information to us, but keep in mind that PII may be required to use and take advantage of our Services, and the supplying of PII is required to contact us via the Site.

  2. If you do not wish to receive email from us, please send an unsubscribe email to info@flagartfoundation.org. Please note that if you do not want to receive legal notices from us, such as this Policy, those legal notices will still govern your use of the Site, and you are responsible for reviewing such legal notices for any changes.

  3. For further information regarding your rights, please review Squarespace’s privacy policy.

 VIII. Changes to This Privacy Policy

We may amend this Policy from time to time. Use of information we collect now is subject to the Policy in effect at the time such information is used. You are bound by any changes to this Policy when you use the Site after such changes have been posted.

IX. Questions and Concerns

If you have any questions or concerns regarding this Policy, please send us an email at info@flagartfoundation.org.

Copyright Notice

Effective Date: October 20, 2022

Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, photographs, text, graphics, data, illustrations, and the selection and the arrangement thereof, is owned by the Foundation or the creator of the content (the “Content”). All elements of the Site, including the Content, are protected by copyright, moral rights, and other laws relating to the protection of intellectual property. Any unauthorized use of any Content violates all such laws. The Foundation may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in its sole discretion. 

Except as expressly provided herein or in a separate license agreement between you and the appropriate copyright holder, the Foundation does not grant any express or implied permission to use the Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense, or reverse engineer the Site or any Content. In addition, you agree not to use any data mining, robots, or similar data and/or image gathering and extraction methods in connection with the Site or Content.

You may not use any Content for any purpose without first obtaining a license to use such Content. Unless you enter into a license agreement with the copyright holder you may not download, distribute, display and/or copy any Content. You may not remove any watermarks or copyright notices contained in or on the Content.

Any approved use of the Content by you shall be governed by the applicable license agreement separately entered into between you and the copyright holder. Displaying and/or distributing to the public any watermarked or unlicensed Content (whether incorporated into a derivative work or alone) constitutes copyright infringement. 

Use of the Site and all acts and transactions pursuant hereto shall be governed, construed, and interpreted in accordance with the laws of the State of New York, without giving effect to principles of conflicts of law. Furthermore, you consent to the exclusive jurisdiction and venue of the state and federal courts of New York, New York.

For permission to use the Content, please contact info@flagartfoundation.org.

Conditions of Sale

Effective Date: October 20, 2022

The Foundation is pleased to offer its users the opportunity to purchase catalogues via the Site at flagartfoundation.org/catalogues. When you purchase a catalogue (the “Purchase”), the following conditions shall apply:

  1. You will be required to provide your email address in order for the Foundation to send you communications regarding your Purchase. 

  2. You will be required to provide the address to which your Purchase will be shipped. The Foundation charges a flat rate shipping fee within the United States.

  3. Payment is made via PayPal exclusively. (For further information regarding PayPal’s privacy policy, please visit its website.) The calculation of sales tax on your Purchase is handled by PayPal. 

  4. Once it receives confirmation of your order, the Foundation will ship your purchase to you via a third-party carrier.

  5. You are not required to create an account on the Site in order to make a purchase, however you are required to have an account with PayPal.

Return Policy: If you are dissatisfied with your Purchase, you may return it to the Foundation no later than fourteen (14) days after its receipt, and you will be refunded the cost of the catalogue; the original shipping fee is not refundable. You will be responsible for paying the cost of shipping back to the Foundation. If you would like to return your Purchase, please contact info@flagartfoundation.org.