This Privacy Policy relates to information collected by ARTBnk Inc. (“ARTDAI“, “ARTBnk”, “we”, “us” or “our”) through your use of the ARTBnk website or web app at https://www.artd.ai/ and any subdomains (the “Site”) and the services, features, and information available on the Site (together with the Site, along with associated and successor websites, applications, features, information, and services, or any part thereof (the “Services”). This Privacy Policy is incorporated into, a part of, and governed by the ArtBnk Inc. Subscription Terms that can be accessed at https://www.artd.ai/subscription-terms the “Terms”). Any capitalized terms not defined herein will have the meanings ascribed to them in the Terms. You should carefully read this Privacy Policy. By using and/or interacting with the Services, you are signifying your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you are not permitted to use or interact with the Services. 

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For the purposes of this Privacy Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis, and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally. 

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As used herein, “personal information” means information relating to an identified or identifiable natural person. As described below, types of personal information we collect could include personally identifiable as well as non-personally identifiable information. 

To the extent that the Service is available to individuals located in the European Economic Area and the United Kingdom, we are bound by and act in compliance with the General Data Protection Regulation 2016/679 (“the GDPR”).

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WHAT INFORMATION ABOUT ME IS COLLECTED?

Depending on your use of the Services, we may collect two types of information: personally identifiable information and non-personally identifiable information. 

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Personally Identifiable Information

Personally identifiable information is information that identifies you or can be used to identify or contact you. Such information may include your name, password, and email address. 

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Non-Personally Identifiable Information

Non-personally identifiable information is information, any single item of which, by itself, cannot be used to identify or contact you, IP addresses, browser types, unique device identifiers, device types, requested URL, referring URL, browser language, the pages you view, the date and time of your visit, domain names, and other statistical data involving the use of the Services. Certain non-personally identifiable information may be considered a part of your personally identifiable information if it were combined with other non-personally identifiable information (for example, combining name and your IP address) in a way that enables you to be identified. However, the same pieces of information are considered non-personally identifiable information when they are taken alone or combined only with other non-personally identifiable information (for example, your viewing preferences). 

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WHERE AND WHEN IS INFORMATION COLLECTED ? 

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Information Provided by You

We will collect personally identifiable and non-personally identifiable information that you submit to us. You may be required to establish an account in order to take advantage of certain features of the Services. If you establish an account, you may be required to provide us with information (including personally identifiable information and non-personally identifiable information) such as your name, username, password, and email address. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of the registration process. In addition, we may obtain your personally identifiable information from you if you identify yourself to us by sending us an e-mail with questions or comments. Also, we will have access to any personally identifiable information that you choose to share through the Services. 

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Cookies and Action Tags

We may collect non-personally identifiable information passively using “cookies” and “action tags.” 

“Cookies” are small text files that can be placed on your computer or mobile device in order to identify your Web browser and the activities of your computer on the Service and other websites. Cookies can be used to personalize your experience on the Services, to assist you in using the Services, to allow us to statistically monitor how you are using the Services to help us improve our offerings, and to target certain advertisements to your browser which may be of interest to you or to determine the popularity of certain content. 

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You do not have to accept cookies to use the Services, and will have an option to reject the cookies when on our Site. However, if you reject cookies, certain features or resources of the Services may not work properly or at all and you may experience some loss of convenience. 

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“Action tags”, also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Services, including advertisements, or e-mail sent on our behalf, may contain action tags. 

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By using cookies and action tags together, we are able to gain valuable information to improve the Services and measure the effectiveness of our advertising and marketing efforts. 

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This Privacy Policy does not govern the use of cookies or action tags or the use of your information by such third-party websites or services or providers of third-party advertising.

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The third-party services we use are Google Analytics and Google Ad Words.

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DOES ARTBNK COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?

We are committed to protecting the privacy of children. The Services are not designed for or directed to children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13. As currently operated persons under the age of 18 may not use the Services. By using the Services, you represent that you are 18 years of age or older.

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WHAT DOES ARTBNK DO WITH THE INFORMATION IT COLLECTS?

We will only use your personally identifiable information to the extent that the law allows us to do so. We rely on the following legal bases for processing your personally identifiable information: 

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1. where you have given consent to the processing;

2. where it is necessary to perform the contract we have entered into or are about to enter into with you (whether in relation to the provision of the Services or otherwise); and/or

3. where it is necessary for the purposes of our legitimate interests (or those of a third party) and your interests or fundamental rights and freedoms do not override those legitimate interests. 

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We use the information collected to provide the Services to you and process your transactions, to help us understand who uses the Services, for internal operations such as operating and improving the Services, to contact you for customer service and billing purposes, to facilitate the delivery of advertising, and, unless you “opt-out”, so that we can contact you about products and services that may be of interest to you and deliver relevant content to you. 

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We may use your information to send you an e-mail that may confirm your username and password. Unless you opt-out, we may send you electronic newsletters, contact you about the Services, products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to change your preferences in each communication we send you. Also see “WHAT CHOICES DO I HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?” below for instructions on how to opt-out. 

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If you identify yourself to us by sending us an e-mail with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments (with your information) for future reference. 

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We may also use the information collected to send announcements and updates regarding the Services or, if applicable, about your billing account status. You will not be able to unsubscribe from these Service announcements and updates as they contain important information relevant to your use of the Services and are necessary for the performance of our contract with you.

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We may also use the information gathered to perform statistical analysis of user behavior or to evaluate and improve the Services. We may link some of this information to personally identifiable information for internal purposes or to improve your experience with the Services.

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WHEN DOES ARTBNK DISCLOSE INFORMATION TO THIRD PARTIES?

Unless specifically authorized by you, we will only disclose any information we gather from you through the Services as set forth in this Privacy Policy or the Terms or as otherwise disclosed at the time we request such information from you. 

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Laws and Legal Rights

We may disclose your information if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, lawful requests by public authorities, including to meet national security or law enforcement requirements, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Terms to detect fraud, for assistance with a delinquent account, or to protect our rights or property or the safety and/or security of our users, the Services or the general public. 

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Third Parties Generally

ARTBnk may decide to disclose your personally identifiable information to third parties for the purpose of sending you select marketing offers and communications that we believe may be of interest to you. You will have the option to opt-out of such disclosure by following the opt-out procedure set forth below. Your non-personally identifiable information may be provided to third parties, including where such information is combined with similar information of other users of the Site. In addition to the above, when individuals use the Site, third parties (including without limitation third-party analytics and other service providers, and advertisers) may directly collect information about our Site visitors, including about our visitors’ online activities over time and across different websites. 

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Outside Contractors

We may employ independent contractors, vendors and suppliers (collectively, “Outside Contractors”) to provide specific services and products related to the Services, such as hosting and maintaining the Services, providing credit card processing and fraud screening, and developing applications for the Services. In the course of providing products or services to us, these Outside Contractors may have access to information collected through the Services, including your personally identifiable information. We will ensure that these Outside Contractors protect the privacy of your personally identifiable information and act only on our documented instructions. 

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Sale of Business/Bankruptcy

We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of ARTBnk or any of its Corporate Affiliates (as defined below), or that portion of ARTBnk or any of its Corporate Affiliates to which the Services relates, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, or become insolvent or are unable to pay our debts when due provided that the third party agrees to adhere to the terms of this Privacy Policy. 

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Affiliates

We may disclose information about you to our Corporate Affiliates. For purposes of this Privacy Policy: “Corporate Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with ARTBnk, whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise. Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this Privacy Policy.

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FOR HOW LONG WILL MY PERSONALLY IDENTIFIABLE INFORMATION BE KEPT?

We will only store your personally identifiable information for as long as is necessary to fulfill the purposes for which we collected it. 

To determine the appropriate retention period for personally identifiable information, we consider the amount, nature, and sensitivity of that information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personally identifiable information, and whether we can achieve those purposes through other means, and any applicable legal requirements.

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DOES THIS PRIVACY POLICY APPLY WHEN I LINK TO OTHER WEBSITES OR SERVICES? 

The Services may provide you with access to other websites and services, including a third-party payment system. This may include providing you with the ability to automatically post updates on social media. Please be aware that we are not responsible for the privacy practices of any websites or services other than the Services. We encourage you to read the privacy policies or statements of each and every such website and service. This Privacy Policy applies solely to information collected by us through the Services.

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IS THE INFORMATION COLLECTED THROUGH THE SERVICES SECURE?

We want your information to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through techniques that are consistent with industry standards and to employ administrative, physical, and electronic measures designed to protect your information from loss, misuse, unauthorized access, disclosures, alteration, and destruction, taking into account the risks involved and the nature of the information. 

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The information we receive through your use of the Services is stored in the cloud through Amazon Web Services (AWS). You can learn more about the security and privacy practices of AWS here: https://aws.amazon.com/security/ 

Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the Internet. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and, by using the Services, you do so at your own risk.

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WHAT CHOICES DO I HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?

Unless specifically authorized by you, we will only use and disclose any information we gather from you through the Services as set forth in this Privacy Policy or the Terms or as otherwise disclosed at the time we request such information from you. You may change your preference and opt-out of receiving certain marketing communications from us by changing that option in “My Account” or by contacting privacy@artbnk.com. 

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Under certain circumstances, you have the right to: 

1. Request access to your personally identifiable information (commonly known as a ‘subject access request’). This enables you to receive a copy of the personally identifiable information we hold about you and to check that we are lawfully processing it;

2. Request correction of the personally identifiable information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;

3. Request erasure of your personally identifiable information. This enables you to ask us to delete or remove personally identifiable information where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove all of your personally identifiable information in certain circumstances;

4. Object to processing of your personally identifiable information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground;

5. Request the restriction of processing of your personally identifiable information. This enables you to ask us to suspend the processing of personally identifiable information, for example, if you want us to establish its accuracy or the reason for processing it;

6. Request the transfer of your personally identifiable information to another party; and

7. Lodge a complaint with the relevant supervisory authority (as defined in the GDPR). If you have any complaints about the way we process your personally identifiable information please do contact us. Alternatively, you may lodge a complaint with the supervisory authority which is established in your country. 

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You can request any of the above by accessing “My Account” or contacting privacy@artbnk.com. Such updates, corrections, changes, and deletions will have no effect on other information that we maintain or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change, or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times. After receiving your request, we will use commercially reasonable efforts to update, correct, change, or delete, as appropriate, all personally identifiable information stored in databases we actively use and other readily searchable media as appropriate, as soon as and to the extent reasonably practicable.

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IF I LIVE IN CALIFORNIA, WHAT ARE MY PRIVACY RIGHTS?

California Civil Code Section 1798.83 permits residents of the State of California to request from certain businesses with whom the California resident has an established business relationship a list of all third parties to which the business, during the immediately preceding calendar year, has disclosed certain personally identifiable information for direct marketing purposes. We are required to respond to a customer request only once during any calendar year. To make such a request you should contact us at the information provided below. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information sharing that is covered will be included in our response.

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DO NOT TRACK

Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, the Services currently do not take action in response to these signals. If and when a final standard is established and accepted, we will reassess how to respond to these signals.

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HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?

We may revise this Privacy Policy from time to time. If we make material changes to this Privacy Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We will not make changes that result in significant additional uses or disclosures of your personally identifiable information without allowing you to opt out of such changes. If any changes to this Privacy Policy are unacceptable to you, you must immediately contact us and, until the issue is resolved, stop using the Services. Your continued use of the Services following the notification of changes to this Privacy Policy constitutes your acceptance of those changes.

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HOW TO CONTACT US

If you have any questions about this Privacy Policy, the data we hold from you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us at: 

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ArtBnk Inc.
55 Main Street, Suite 121
Newmarket, NH 03857
info@artd.ai