Louise Alexander Gallery

TERMS OF USE

Welcome to the Louise Alexander Gallery ("Louise Alexander Gallery") Web site located at (“Site”). The following terms of use (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, you are not granted permission to use this Site and must exit immediately.

1. Informational Purposes Only. The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, Louise Alexander Gallery is not responsible for any errors or omissions in the Site or Site Materials, and Louise Alexander Gallery is not responsible for any errors or omissions in the Site or Site Materials.

2. Proprietary Rights. As between you and Louise Alexander Gallery, Louise Alexander Gallery owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms and the limited fair use described herein. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print text and image files from this Site solely for such purposes without Louise Alexander Gallery’s written permission, provided that you comply with the following conditions: (a) the content may only be used for personal, educational or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with all other terms or restrictions which may be applicable to the individual file, image or text.

3. Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with Louise Alexander Gallery; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other visitor of the Site who has requested not to be contacted; or (e) attempting to gain unauthorized access to Louise Alexander Gallery’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site.

4. Materials Submitted to the Site. The Site may allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Site (“User Content”). Upon your submission of User Content or other material or information to Louise Alexander Gallery, you grant Louise Alexander Gallery a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms.

5. Payments to the Site. By purchasing products on the Site, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account. In order to make a purchase, Louise Alexander Gallery may use the services of third parties.

6. Third Party Web Sites and Content. As set forth in Section 4 and Section 5, parties other than Louise Alexander Gallery may provide products, services or content on the Site, including the transactional services of Paypal. Additionally, the Site contains links to other Web sites for the convenience of visitors in locating information, products, or services that may be of interest. Louise Alexander Gallery does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. Louise Alexander Gallery does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.

7. Privacy Statement. Privacy Policy / Data Protection Notice

Louise Alexander Gallery LLC d/b/a Louise Alexander Gallery and its affiliated entities located inside and outside the EEA ("Louise Alexander Gallery", "Louise Alexander Gallery SARL", “the Gallery,” "we", "us" or "our") respects your privacy and seeks to protect your personal data.

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 reserve the right to 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.

Louise Alexander Gallery's Data Principles:

We keep to a minimum the amount of information we hold about you.
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”).
We also use your data to complete transactions with you on our website and also via our galleries and other affiliated businesses (the lawful basis for this is “contract”). We also use your data to communicate with you where you have signed up and opted in to receive information from us (the lawful basis for this is "consent").
We only hold your data for as long as necessary.
We apply appropriate security mechanisms to protect your personal data. Our legitimate business interests are balanced with your interests, rights and freedoms and your consent.
The General Data Protection Regulation (“GDPR”) is a European Regulation concerning the use and processing of personal information. We are committed to processing your information in line with high standards and in compliance with the GDPR, wherever you are located. For the definition of terms used within this Privacy Policy please refer to the GDPR. You can find out more about the GDPR from the European Commission's website here.

We are happy to answer any questions you have about this Privacy Policy. Email us at privacy@Louise Alexander.com.


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 Louise Alexander collect about me?

We may collect some (or all) of the following: your name, phone number, email address, IP address, information about you (for example, age, gender, socio-economic status), data provided by cookies and other similar technologies, 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 Louise Alexander 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 Louise Alexander 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 privacy@Louise Alexander.com. We will respect your rights under the GDPR in this regard.

How do I delete my personal data from Louise Alexander and what are the consequences?

You can email privacy@Louise Alexander.com 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 Louise Alexander 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 data in 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 Louise Alexander 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 Louise Alexander if I have questions regarding this Privacy Policy statement?

If you have any questions about the use of your personal information, please email us at privacy@Louise Alexander.com.

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 Louise Alexander 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 privacy@Louise Alexander.com. We will correct inaccuracies on provision of the correct details or, where relevant, you can do this by changing your registered details online.

How we use your information

Louise Alexander 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 privacy@Louise Alexander.com.

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.

We share your data internally and have a data transfer agreement in place that complies with EU law for sharing data from our branches in the EU to outside of the EU.

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 nor sell your personal data to anyone else.

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 Louise Alexander to answer queries or resolve problems, provide improved and new services, to respect your rights under the GDPR and for any data retention requirements of the law. This means we may retain information after you cease interacting with Louise Alexander.

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 privacy@Louise Alexander.com.

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.

If you wish to stop receiving marketing emails from us, please click on the “Unsubscribe” link included at the bottom of an email. 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 privacy@Louise Alexander.com.

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 privacy@Louise Alexander.com.

Contacting you via email alerts, notices and newsletters

Louise Alexander 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 privacy@Louise Alexander.com.

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 privacy@Louise Alexander.com.

Interception of email

Louise Alexander may intercept email addressed to individuals within Louise Alexander. The reasons we do this are related to the security of your data, to our security, to the security of our staff and others, for detection and prevention of crime and to identify correct recipients or to make sure mail is dealt with during staff absence. Louise Alexander may reject, delay or remove content from emails which have a nature, content or attachments which may disrupt our systems or because they may pose security issues such as viruses.

We may also filter out emails which contain content which is considered offensive, unwanted or spam. In certain circumstances this may unfortunately result in "innocent" emails being affected. We do our best to reduce such occurrences.

Security

Louise Alexander has developed and implemented strict policies and processes governing information technology and data user behaviour. These cover areas such as access control, authentication, audit, monitoring, alarms, data storage and back up, transmission standards and environment integrity.
We use reasonable endeavours to install and have appropriate security measures in place in our systems and facilities to protect against the loss, misuse or alteration of information that we have collected from you.

Questions
If you have any questions about our Privacy Policy or the use of data in a particular service, please email privacy@louise-alexander.com.
The GDPR allows you to request to see any information held about you, and to correct any inaccuracies.
Last Updated: 24 May 2018

8. Disclaimer. Louise Alexander Gallery, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Material, Site Material, links, advertisements or other items contained within the Site. Louise Alexander Gallery reserves the right to immediately remove any User Material or Site Material for any reason or for no reason. Louise Alexander Gallery cannot and does not review all communications made on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Site Material, User Material, the Site or the products or services made available in connection with the Site with or without notice in its sole discretion. The site, the site materials, user materials and materials on, in, and made available through the site, and the services, products, information and other materials on and in and made available through the site is made available “as is” and “with all faults.” use of the site is entirely at your own risk. Louise alexander gallery and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the site, the site materials, user materials, the services, products, information and other materials on and in and made available through the site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.

9. Liability. Louise Alexander Gallery And its affiliates, subsidiaries or licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the site, the site materials, user materials, the services, products, information and other materials on and in and made available through the site, regardless of legal theory, whether or not you or Louise Alexander Gallery had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of louise alexander gallery and its affiliates, subsidiaries or its licensors to you or any other person or entity in connection with, based upon, or arising from the site, the site materials or user materials on, in, and made available through the site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the site. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of louise alexander gallery and its affiliates, subsidiaries or its licensors shall not exceed ten british pound (GBP 10). If you are dissatisfied with the Site, or with any of these Terms, or feel Louise Alexander Gallery has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.

10. Indemnification. You shall indemnify Louise Alexander Gallery and its members, managers, directors, officers, employees, agents, contractors and licensors (“Louise Alexander Gallery Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, User Materials, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to Louise Alexander Gallery), or any breach by you of these Terms and shall indemnify and hold Louise Alexander Gallery Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.

11. Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to Louise Alexander Gallery at info@louise-alexander.com a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

12. Changes to these Terms. Louise Alexander Gallery reserves the right at any time to modify, alter or update these Terms. Notice of any new or revised Terms, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. Louise Alexander Gallery reserves the right to suspend or terminate your access to this Site and/or ability to use the services with or without notice for failure to comply with these Terms, for providing Louise Alexander Gallery with untrue or inaccurate information about yourself, for infringement upon Louise Alexander Gallery proprietary rights, or for any other reason whatsoever or for no reason.

13. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and Louise Alexander Gallery with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the United Kingdom, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the courts located in the United Kingdom; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by any jurisdictional and venue defenses otherwise available.

14. Miscellaneous. The Site is not intended for children under the age of 13. The Site is controlled and operated from within the United Kingdom. Without limiting anything else, Louise Alexander Gallery makes no representation that the Site, Site Materials, User Materials, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of Louise Alexander Gallery to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”

Dated: May 24, 2018