OFFMARKET GALLERY is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information. The following information describes how we gather and use that data. The amount of information we hold on you and how we use it depends on your relationship with us and some of the sections below may not be relevant to you. We will alter and update this Privacy Policy from time to time. The date of the most recent update is stated at the bottom of this Privacy Policy. This privacy policy sets out the principles that OFFMARKET GALLERY (ABN 21 686 331 479) will follow in the management of your personal information. Your “personal information” is any information or opinion about you, or from which you are reasonably identifiable.
OFFMARKET GALLERY is committed to protecting the privacy of individuals and is bound by the Privacy Principles set out in the Privacy Act 1988 (the “Act”). OFFMARKET GALLERY will only collect, use, or disclose personal information in accordance with the Act and this privacy policy. The Privacy Principles and guidance from the Office of the Australian Information Commissioner are available on the website of the Office of the Australian Information Commissioner (www.oaic.gov.au).
OFFMARKET GALLERY’S DATA PRINCIPLES:
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We keep to a minimum the amount of information we hold about you.
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We use your data to respond to your enquiries and provide you with information that we believe you would like to receive about the Gallery, our artists, available artworks and our events (the lawful basis for this is “legitimate interest”).
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We also use your data to complete transactions with you on our website and also via our gallery and other affiliated businesses (the lawful basis for this is “contract”).
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We also use your data to communicate with you where you have signed up and opted in to receive information from us.
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We only hold your data for as long as necessary.
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We apply appropriate security mechanisms to protect your personal data.
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Our legitimate business interests are balanced with your interests, rights and freedoms and your consent.
COLLECTION AND USE OF PERSONAL INFORMATION
Personal Information is information or an opinion that identifies an individual. OFFMARKET GALLERY will, from time to time, collect personal information in the course of its business. We may use your personal information for the following purposes:
- the purpose for which it was collected (and related purposes which would be reasonably expected by you);
- purposes to which you have consented; or
- as otherwise authorised or required by law.
In general, OFFMARKET GALLERY collects the following types of personal information about consumers: name, contact information (including postal and e-mail address and telephone numbers), gender, age and date of birth, artwork preferences, purchasing histories, credit card details and other information relating to a consumers’ dealings with us. We generally use this personal information to assist in the supply of products and services, for promotional purposes and for our internal administrative purposes.
OFFMARKET GALLERY collects personal information in a number of different ways including directly from a client when they provide it to us including :
- visits of our websites or gallery
- acquires artwork(s)
- responds to a survey;
- joins a mailing list or
- otherwise contacts us.
We may also collect personal information about consumers from publicly available resources or from third parties.
The Act defines some types of personal information as “sensitive information”. Personal information about a person’s racial or ethnic origin, political opinions, or memberships, religious or philosophical beliefs or affiliations, professional or trade association or union memberships, sexual orientation or practices, criminal record or health (including genetic and biometric information) is considered sensitive information. OFFMARKET GALLERY does not generally collect sensitive information about individuals.
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up to date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
DISCLOSURE OF PERSONAL INFORMATION
We may disclose or provide access to your personal information to third parties in connection with the purposes described above. We may disclose your personal information:
- to third party contractors appointed by OFFMARKET GALLERY to perform services for us or on our behalf (such as marketing agencies, logistics provider, parties who provide credit card processing services and website and data hosting providers);
- to our professional advisors, accountants, insurers lawyers and auditors on a confidential basis;
- in certain circumstances, to third parties that require information for law enforcement or to prevent a serious threat to public safety;
- as required or authorised by law; or
- otherwise with your consent.
OFFMARKET GALLERY requires our contractors to keep personal information confidential and not to use or disclose it for any purpose other than performing services for us or on our behalf. You should be aware that some information that you upload to parts of our websites or to our social media pages may be available to be viewed by the public. You should use discretion in deciding what information to upload to such sites.
DIRECT MARKETING
Direct marketing involves communicating directly with you for the purpose of promoting the sale of goods and services to you. Direct marketing can be delivered by a range of methods including mail, telephone, email or SMS. We may use and disclose your personal information for the purpose of sending you direct marketing materials where:
- you have consented to us doing so; or
- it is otherwise permitted by law.
You can unsubscribe from receiving direct marketing materials from us at any time by contacting us at art@offmarketgallery.com.au
SECURITY
OFFMARKET GALLERY will take reasonable steps to keep any personal information we hold about you secure. However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to your personal information. Please notify us immediately if you become aware of any breach of security.
SEEKING ACCESS
You have the right to seek access to personal information which OFFMARKET GALLERY holds about you or to update or correct that information. There are a limited number of circumstances in which OFFMARKET GALLERY may decline to grant such access. These are set out in the Act. OFFMARKET GALLERY will grant access to information in accordance with the Act. To request to access, verify, correct, or update any personal information we hold about you, please contact us in writing at art@offmarketgallery.com.au
OFFMARKET GALLERY will endeavour to acknowledge such requests as soon as practicable. If OFFMARKET GALLERY is required to or otherwise agrees to grant access to the personal information, we will give access within a reasonable period. OFFMARKET GALLERY will notify you of the method by which it will give you access to the information. OFFMARKET GALLERY will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information, where permitted by law. In order to protect your Personal Information, we may require identification from you before releasing the requested information.
If OFFMARKET GALLERY refuses to grant access to personal information, we will inform you of the grounds on which access is denied and advice you of your options to seek to have that decision reviewed.
COMPLAINTS ABOUT PRIVACY
If you are concerned that OFFMARKET GALLERY may have breached its privacy obligations, the Act or this privacy policy please contact us. When contacting us, please provide as much detail as possible in relation to your issue or complaint. All complaints will be taken seriously and will be assessed with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information we may require. If you are not satisfied with our handling of your complaint, you may refer the issue to the Office of the Australian Information Commissioner (at enquiries@oaic.gov.au).
QUESTIONS ABOUT PRIVACY
If you have any questions or concerns about OFFMARKET GALLERY’s collection, use or disclosure of your personal information or if you would like to access, update or correct the information we hold about you please contact OFFMARKET GALLERY, 29 Airlie Street Claremont WA 6010 or by email art@offmarketgallery.com.au
FAQs
We hope to answer some of the most frequently asked questions about our
Privacy Policy below. For further information, please read our Privacy Policy in full.
What information does OFFMARKET GALLERY collect about me?
We may collect some (or all) of the following: your name, phone number, mailing address, email address, IP address, information about you (for example, age, gender, socio-economic status, professional information), data provided by cookies and other similar technologies including your browsing history on our website, functional data such as registration and system data, as well as additional usage data—for instance, your purchasing history, communication permissions, artist preferences and creative interests or information about your attendance at one of our events.
Why does OFFMARKET GALLERY need my information?
We use your data to help us provide the best experience of our Gallery, which
includes using data to improve (and, where possible, personalise) your
experiences. We use your data to communicate with you, for example, informing you about new shows, events and gallery updates. We also use data to fulfil contracts, to send you the goods you have bought, invoices and to collect payments.
Can I opt-out of sharing my information with OFFMARKET GALLERY?
Yes, you do not have to share your information with us that you do not want us to process and you may opt-out to receive communications from us at any time by contacting us at art@offmarketgallery.com.au
How do I delete my personal data from OFFMARKET GALLERY and what are the
consequences?
You can email art@offmarketgallery.com.au to request that your data be deleted. However, please note, by deleting your personal data, you may impact your experience of the Gallery. We will not delete data which is needed to fulfil a contract until that contract is completed or unless we agree to terminate the
contract. We will inform you if deleting your data will impact our ability to perform a contract in case this affects your decision.
How long does OFFMARKET GALLERY keep my information?
We retain personal data for as long as necessary, to fulfil the transactions you have requested, or for other essential purposes (for example, complying with our legal obligations, resolving disputes and fulfilling our agreements).
How is information stored?
We are committed to protecting the security of your personal data. We store datain a number of places depending on our requirements to access and use it. We use a variety of security technologies and procedures to help protect your personal data from unauthorised access, use or disclosure. For example, we store the personal data you provide on cloud-based or computer systems that have limited access and are in controlled facilities. Where possible, we avoid storing paper records.
Is OFFMARKET GALLERY using cookies to gather information?
We use cookies when you visit our website. By visiting our website, you agree to the use of cookies and similar technologies for the purposes described in our Privacy Policy and our Cookie Policy. This helps us to provide you with the best experience and allows certain parts of our website to function properly. If this concerns you, you can adjust your browser or device settings in order not to accept cookies and similar technologies.
How can I contact OFFMARKET GALLERY if I have questions or want to make a request concerning my personal information?
If you have any questions or requests regarding our use of your personal information, please email us at art@offmarketgallery.com.au
What personal data do we hold and why?
When you contact us to make an enquiry, we will use your name and contact
information to respond. We will then use this information to communicate with you in the future. We may obtain, collect and update information about you via direct contact with you, from third parties who refer you to us or automatically via your engagement with OFFMARKET GALLERY, including your use of our social media channels. On request, we can provide you with access to all information, including proprietary information, that we maintain about you (but not other users unless required to do so by law) including unique identifier information (for example, your customer number or password) and contact information (for example, your name, address and phone number). You can request this information by emailing us at art@offmarketgallery.com.au. We will correct inaccuracies on provision of the correct details or, where relevant, you can do this by changing your registered details online.
How does OFFMARKET GALLERY use my information?
OFFMARKET GALLERY collects and uses your information to administer, support, improve and obtain feedback on our Gallery and to improve your experiences. The information we collect is used for internal review and to improve the content of our website and services. It is also used to notify users about updates about the Gallery. This information is not shared with other organisations for commercial purposes. If you submit an employment application to us online through our website or otherwise, all of the information you submit may be used for any and all purposes ordinarily associated with processing an employment application. If you do not want to receive emails from us in the future, please let us know by sending an email to art@offmarketgallery.com.au
Who do we share your information with?
We work with third parties in the provision of some of our services and it may be necessary for us to share your information with them in order to provide those services. On request, and when relevant, we will provide details of which third parties we work with. We will also discuss and agree on any specific security questions or requirements you may have during the provision of our services. The third parties we work with are encouraged to meet the requirements of the GDPR. When we contract with third parties we enter into agreements that encourage GDPR compliance. For example, for marketing purposes we store your data with Mailchimp. We have entered into a contract with Mailchimp to comply with the GDPR. Your data may be stored in the cloud and we have entered into an agreement with Google in compliance with the GDPR. If we sell an artwork to you, we share the invoice with the artist for their records. Exemptions to the above are where we are asked to provide information as a result of a court order or to recover monies due. We do not share your personal data with anyone else, and we do not sell your data to anybody.
Do I have the right to know what categories of my personal information OFFMARKET GALLERY shared with third parties?
Yes, you have the right to know what categories of your personal information we disclosed to a third party for a business purpose.
How long do we store your data for?
We will store your personal information for as long as necessary. We are required by law to keep information about financial transactions for the
current financial year plus an additional six years. We may store your information on our databases for reference and to record any preferences you have notified to us, for example in relation to your opt-in status to receive marketing communications. The information may be retained and used by OFFMARKET GALLERY to answer queries or resolve problems, provide improved and new services, to respect your rights under the GDPR and CCPA and for any data retention requirements of the law. This means we may retain information after you cease interacting with OFFMARKET GALLERY. We store your information securely to prevent unauthorised use. Your rights regarding our use of your personal data. You can review, edit or ask us to delete your personal data we hold by contacting us directly at art@offmarketgallery.com.au. You will always have the right to opt out of receiving promotional emails and other types of marketing or sales communication from us. If you opt out, you will also have the ability to opt back in at a later date. We respect your choice, and we will stop sending you promotional emails once you unsubscribe. It may take up to two weeks to process your request. Alternatively, you can email us at art@offmarketgallery.com.au. If you wish to update your details, if you need to check the accuracy of the details that we hold about you, or if you have any other questions about this Privacy Policy, please email us at art@offmarketgallery.com.au.
Will OFFMARKET GALLERY discriminate against me if I make a request related to my personal information?
No, you have the right to non-discriminatory treatment if you make a data-related request. Contacting you via email alerts, notices and newsletters
OFFMARKET GALLERY only sends marketing information to those persons the Gallery believes it has a legitimate business interest to contact. This means that, from time to time, we may send you email newsletters or other notifications in relation to the Gallery. If you wish to stop receiving some, or all, of our marketing communications, follow the instructions included in our emails or contact art@offmarketgallery.com.au. If you supply us with your postal address or telephone number you may receive periodic mailings or calls from us with information on new products and services or upcoming events. If you do not wish to receive such updates, please let us know by emailing us at art@offmarketgallery.com.au.
If you have any questions about our Privacy Policy or the use of data in a particular service, please email art@offmarketgallery.com.au
This Privacy Policy was last updated on: 27 November 2023