Privacy Policy

The Exhibit takes your privacy very seriously.

Last updated on 29th May 2018

This Privacy Policy (“Privacy Policy”) describes our policies and procedures on the collection, use, disclosure, and sharing of your personal information or personal data when you use The Exhibit Platform.

This Privacy Policy applies to activities by The Exhibit Limited NZBN 9429046264282 (collectively “The Exhibit”, “our”, “we” or “us”). Capitalized terms that are not defined in this Privacy Policy have the meaning given to them in our Terms of Use.

1. Your Acceptance of this Policy

By accepting our Terms of Use, you are confirming that you have read and understand this policy including how and why we use your information. If you don’t want us to collect or process your personal information in the ways described in this policy, you shouldn’t use the Services. We are not responsible for the content or the privacy policies or practices of any of our users, third-party websites, or third-party apps.

The Exhibit’s Terms of Use require all account owners to be at least 18 years of age. Minors under 18 years of age and over the age of 13 are permitted to use The Exhibit's Services only if they have the appropriate permission and direct supervision by the owner of the account. You are responsible for any and all account activity conducted by a minor on your account. If we become aware that we have collected personal information from a child under the age of 13 without parental consent, we take steps to delete that information.

By using the Services, you acknowledge that The Exhibit is headquartered in New Zealand, and has operations and service providers in New Zealand and throughout the world. As such, we and our service providers may transfer your personal information to, or access it in, jurisdictions (including New Zealand) where the privacy laws and standards, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it.

2. The Information We Collect

In the course of providing our Services, we collect or receive your personal information in a few different ways. Often, you choose what information to provide, but sometimes we require certain information for you to use and for us to provide you the Services. 

Registration, Account Setup, Service Usage:

In order to use the Services, you need to provide us with a valid email address and user name. You may review, change, or remove that name through your account settings. You need to provide this information to enable us to provide you with the Services.

Depending on which services you choose to use, additional information, such as billing and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. You are not required to provide us with this information to sign up, but we will need it to provide certain services. For example, we need a physical postal address if you are buying something on The Exhibit which requires delivery.

As an Exhibitor, The Exhibit may require information such as your full name, identification ID or tax ID, date of birth, address, bank account information, credit card information, and/or other proof of identification in order to verify your identity and provide this service to you and to comply with applicable law. We may need to store credit card information (or arrange for it to be stored) and use it for both billing and payment purposes. The Exhibit may contact individual Exhibitors confidentially to request more information to ensure compliance with our rules and applicable law.

Exhibitor Profile:

You may provide your name and other personal information (such as your Exhibitor biography, exhibitor profile image, social media account handles, your website URL, and your location) in connection with your Exhibitor account and activity. You can edit or remove this information through your Manage Exhibitor Profile settings.

The name associated with your account, which you may review and change in your Manage Exhibitor Profile settings, is publicly displayed and connected to your activity on The Exhibit. Other people may see your current exhibitions, previous exhibitions; ratings and reviews; and your profile information. 

We may also collect information specific to your exhibitions such as exhibition details, the exhibition feature image, artwork details, artwork images and pricing, in order for us to provide our Services.

Automated Information:

The Exhibit automatically receives and records information from your browser or your mobile device when you visit the Site or use certain other Services, such as your IP address or unique device identifier, cookies and data about which pages you visit in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. We may combine this information from your browser or your mobile device with other information that we or our partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyse and understand how the Services work for members and visitors, and to provide a more personalised experience for members and visitors.

We may also automatically collect device-specific information when you access, or use our Services. This information may include information such as browser information, IP address, and device identifiers.

Location Information:

We may collect location information from you for the purpose of analytics, to serve content and to protect the Services. This includes your IP address, browser information, device information and location information. We may obtain location information you provide in your Exhibitor Profile, exhibition set-up or your IP address. Certain non-precise location services, such as for security and localised policies based on your IP address or submitted address, are critical for the site to function.

Analytics Information:

We use data analytics to ensure site functionality and improve the Services. We do not link the information we store within the analytics software to any personally identifiable information that you submit.

Information from Third Parties:

Some members or visitors may choose to register an account on The Exhibit using an external third-party application, such as Facebook, or Google+. The Exhibit may receive information from those connected third-party applications. Connecting your The Exhibit account to third-party applications or services is optional. If you choose to connect your account to a third-party application, The Exhibit may receive information from that application. We may also collect public information in order to connect with you. We may use that information as part of providing the Services to you. You can also choose to share some of your activity on The Exhibit, such as promoting your exhibitions, on certain social media networks; to do so is optional, but we may collect third-party information when you share to social media networks.

3. How The Exhibit Uses Your Information

The Exhibit uses the information we collect for the following purposes:

Provide our Services:

We may use your information to provide our Services, communicate with you about your use of the Services, respond to your enquiries, provide troubleshooting, and for other customer service purposes.

Improve our Services:

We may also use your information to improve and grow our Services, understand how our Services are being used, and to explore and unlock new ways to develop our business and Services.

Personalisation:

We may use your information to tailor the information that we may send or display to you when you use our Services, to offer location customization, and to otherwise personalise your experiences while using The Exhibit.

Marketing and Promotions:

We may use your information for marketing and promotional purposes, such as to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you.

Comply with Law:

To comply with legal obligations, as part of our general business operations, and for other business administration purposes.

Security:

We may use your information when we believe it necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Service or this Privacy Policy.

4. How We Share Your Information

We share information as set forth below:

Buying and selling:

As part of the buying and selling process, The Exhibit will facilitate the sharing of information between the two members involved in the transaction, such as the buyer's shipping address and payment information. By making a sale or a purchase on The Exhibit, you are directing us to share your information in this way. Since this is an important part of the Services we provide, we need to do this in order to perform our obligations under our Terms of Use. We expect you to respect the privacy of the member whose information you have received. As described in The Exhibit’s Terms of Use, you have a limited license to use that information only for The Exhibit-related communications or for The Exhibit-facilitated transactions. The Exhibit has not granted a license to you to use the information for unsolicited commercial messages or unauthorised transactions. Without express consent from that person, you must not add any member to your email or physical mailing list or otherwise use or store any member’s personal information.

Third-Parties:

We may share your information with third-party service providers (such as payment processors, analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to The Exhibit not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like processing payments and pay-outs. This policy does not apply to the practices of third-party service providers that The Exhibit does not own or control or individuals that The Exhibit does not employ or manage, different practices may apply to the use or disclosure of the information provided to third-party service providers.

Third-party plug-ins also may collect information about your use of the Site. For example, when you load a page on The Exhibit that has a social plug-in from a third-party site or service, such as a “Like” or “Share” button, you are also loading content from that third-party site. That site may request cookies directly from your browser. These interactions are subject to the privacy policy of the third-party site. For more information, see our Cookies Policy.

Business Transfers:

We may disclose or transfer information, including personal information, as part of any merger, sale, and transfer of our assets, acquisition or restructuring of all or part of our business, bankruptcy, or similar event. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our business to develop over the long term. If The Exhibit intends to transfer information about you, The Exhibit will notify you by email or by putting a prominent notice on the Site, and you will be afforded an opportunity to opt out before information about you becomes subject to a different privacy policy.

Legally Required:

We may disclose your information if we are required to do so by law.

Protection of Rights:

We may disclose information where we believe it necessary to respond to claims asserted against us or, comply with legal process (e.g., subpoenas or warrants), enforce or administer our Terms of Use, for fraud prevention, risk assessment, investigation, and protect the rights, property or safety of The Exhibit, its users, or others.

Your Content and Activity:

Your Exhibitor Content, including your exhibitor profile, exhibition details, exhibition featured image, artwork details, artwork images, and certain associated activity information is available to other users of The Exhibit Platform and may be viewed publicly. Public viewing includes availability to non-registered visitors and can occur when users share Your Content across other sites or services. In addition, Your Content may be indexed by search engines. See the section below about Your Choices for information about how you may change how certain information is shared or viewed by others.

Anonymized and Aggregated Data:

We may share aggregated or de-identified information with third parties for research, marketing, analytics and other purposes, but it will be de-personalised, so that personal information is not revealed.

5. Cookies, Pixels and Tracking

We and our third party providers use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your usage and browsing activities on The Exhibit. We may combine this information with other information we collect about users. For more detailed information about these mechanisms and how we collect activity information, see our Cookie Policy.

6. Messages and Notifications from The Exhibit

The Exhibit may need to contact you from time to time. Primarily, these messages are delivered by email or user account notifications, and every account is required to keep a valid email address on file to receive messages. The Exhibit may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent, The Exhibit may send you an SMS message or physical mail in order to provide you with customer support or to provide you with information about products and features that you may find of interest.

Some messages from The Exhibit are service-related and necessary for users. You agree that The Exhibit can send you non-marketing emails or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, relaying conversations with buyers, and correspondence with The Exhibit’s support team.

When you register for an account or subscribe to a newsletter, you receive notice of and agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails through the opt-out link included in marketing emails or messages.

7. How We Protect Your Information

The security of your information is important to us. The Exhibit has implemented safeguards to protect the information we collect, both during transmission and after it is received. The Exhibit encrypts certain information (such as credit card numbers and transactions) using secure socket layer technology (SSL). However, no website or method of Internet transmission is completely secure. We urge you to take steps to keep your personal information safe, such as choosing a strong password and keeping it private, as well as logging out of your user account, and closing your web browser when finished using The Exhibit on a shared or unsecured device. If you have any questions about the security of your personal information, you can contact us at support@theexhibit.io.

8. Access and Amend Your Information

You may manage, change, or delete your personal information at any time, via your account settings or by contacting us. Upon request, The Exhibit will provide you with information about whether we hold any of your personal information. By visiting your account settings, you can access, correct, change, and delete certain personal information associated with your account. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format.

If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings.

9. Your Choices

You may, of course, decline to submit information through The Exhibit’s Services, in which case we may not be able to provide certain services to you. You may also control the types of notifications and communications we send, limit the information shared within The Exhibit about you, and otherwise amend certain privacy settings. You can also request the deletion of the personal information in your account. Here is some further information about some of your choices:

Your Content:

You may edit or delete your exhibition content (such as exhibition name, details, dates, artworks included in it, and artwork details) at any time. However we have no control over deletions or changes to your exhibition content if it has been shared manually by others outside of The Exhibit. When you make edits to your exhibition content, there may be fees incurred. See the Exhibitor Policy for further information.

Mature Content:

All exhibitions which contain Mature Content will have a disclaimer display prior to you entering the exhibition. This means if you don’t wish to view mature adult content you don’t have to. If you believe an exhibition should have a disclaimer and does not, you can report that exhibition to The Exhibit Support Team by clicking on the ‘Report Exhibition’ link on the exhibition entry page or emailing us at support@theexhibit.io.

Emails and Communications:

You may also control the receipt of certain types of communications from The Exhibit using the opt-out link contained in The Exhibit’s emails. The Exhibit may send you messages about the Services or your activity. Some of these messages are required, service-related messages for users of the Services (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control whether you receive the optional messages by choosing opting-out if you wish.

Closing Your Account:

If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account. If you choose to ‘Delete Your Account’ on you’re My Account page, then your user account, exhibitor profile, current exhibitions, draft exhibitions and pending exhibitions will be deleted from The Exhibit, and it may not be restored by us, even if you change your mind. However your past closed exhibitions will remain on The Exhibit Platform. If you wish to remove these you can delete them prior to closing your account or by contacting us at support@theexhibit.io.

Cookies and Similar Technologies:

We use non-technically necessary cookies and similar technologies. A more detailed explanation of the technologies we use, and how to opt out when applicable, can be found in our Cookies Policy.

10. Your Responsibilities

If you are an Exhibitor on The Exhibit, you may receive and determine what to do with certain personal information, such as entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do so, under EU law, you are an independent controller of data relating to other users that you may have obtained through the Services.

You are responsible for protecting user personal information you receive or process and complying with all relevant legal requirements when you use the Services. This includes applicable data protection and privacy laws that govern the ways in which you can use a user’s information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to The Exhibit’s users you interact with and compatible with this policy and The Exhibit’s Terms of Use.

As a data controller, to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honour requests for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorised disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for The Exhibit-related communications or for The Exhibit-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorised transactions. Without the buyer’s consent, and subject to other applicable The Exhibit policies and laws, you may not add any The Exhibit member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you're responsible for knowing the standard of consent required in any given instance.

If The Exhibit and you are found to be joint data controllers of personal information, and if The Exhibit is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify The Exhibit for the expenses it occurs in connection with your processing of buyer personal information.

11. Links to Other Websites

The Exhibit may contain links to third party sites or online services. We are not responsible for the practices of such third parties, whose information practices are subject to their own policies and procedures, not to this Privacy Policy.

12. Retention

The Exhibit will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active, as described in this policy, or as needed to provide the Services to you. If you no longer want The Exhibit to use your information to provide the Services to you, you may close your account. The Exhibit will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable taxation and financial reporting laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. In addition, Exhibitors on The Exhibit may also be required to retain and use your information in order to comply with their legal obligations. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.

13. Withdrawing Consent

Where you have provided your consent, you have the right to withdraw your consent to our processing of your information and your use of the Services. For example, you can withdraw your consent to email marketing by using the unsubscribe link in such communications. You can choose to withdraw your consent to our processing of your information and your use of the Services at any time by closing your account through your account settings and then emailing support@theexhibit.io to request that your personal information be deleted, except for information that we are required to retain. This deletion is permanent and your account cannot be reinstated.

14. Changes to our Privacy Policy

If we change our privacy policies and procedures, we will post those changes on this page. If we make any changes to this Privacy Policy that materially change how we treat your personal information, we will provide you with reasonable notice of such changes (30 days), such as via the Services or to your email address of record, and where required by law, we will obtain your consent or give you the opportunity to opt out of such changes. We encourage you to check back regularly and review any updates.

15. Contact Us

If you have any questions about our practices or this Privacy Policy, please email us at support@theexhibit.io or write to us at:

Attn: The Exhibit Limited, PO Box 5157, Christchurch, 8542, New Zealand