PRIVACY POLICY
Di Donna Galleries, LLC, a Delaware limited liability company (“Di Donna Galleries,” "we," “us,” or "our") respects the privacy of visitors to our website, accessible at the domain: www.didonna.com (“Website” or “Site”), and to our galleries, events, and art fairs (collectively, the “Services”). This Privacy Policy is intended to inform you of our policies and practices regarding the collection, retention, use, and disclosure of any Personal Information through our Site and through our Services.
By submitting any information through our Site or in connection with our Services, you acknowledge and agree that we may process (i.e., collect, use, etc.) your Personal Information as described in this Privacy Policy.
THE INFORMATION THAT DI DONNA GALLERIES COLLECTS, AND HOW IT IS COLLECTED:
Di Donna Galleries collects Personal Information and Anonymous Information from you when you visit the Site, submit a request or support ticket, place an order, or in connection with our Services. "Personal Information" means information that can be used to identify a particular individual or Site user, including, for example, your name, address, telephone number, e-mail address, user name, and any information about you that is associated with or linked to any of the foregoing information, such as your IP address or geographic location information. "Anonymous Information" means information that is not associated with or linked to your Personal Information and which cannot be used to identify an individual. Di Donna Galleries collects and uses Personal Information and Anonymous Information as described in this Privacy Policy.
• USER PROVIDED INFORMATION
You may voluntarily provide Personal Information such as your name, email address, postal address, phone number, and credit card information when placing orders, when requesting additional information about products, or participating in various activities on the Site or in connection with our Services. Di Donna Galleries may also collect your email address if you choose to sign up for email communications or newsletters from Di Donna Galleries.
• INFORMATION COLLECTED BY COOKIES
In addition to the information that you choose to voluntarily provide, when you visit the Site, Di Donna Galleries sends cookies to your computer to collect information from you regarding your web-browsing activities, browser specifications, and device specifications.
"Cookies" are small lines of text that a website sends to your computer's hard drive while you are viewing a website. Di Donna Galleries uses both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until they expire or until you delete them) to provide you with a more personal and interactive experience on the Site. Persistent cookies can be removed by following the help file directions on your internet browser.
Di Donna Galleries uses cookies for many purposes, including: to ensure proper functioning of the Site and Site features; to monitor and maintain the security of the Site; and, to deliver content, including product offers, specific to your interests.
Your browser has options to accept, reject, or provide you with notice when a cookie is sent. Please note, however, that if you choose to disable cookies, some areas of the Site may lose certain functionalities or cease to work properly.
HOW DI DONNA GALLERIES USES THE INFORMATION IT COLLECTS:
Di Donna Galleries uses your Personal Information to process and fulfill any orders you place and to complete any requests you make—including requests to receive email communications regarding products and newsletters. As part of processing and fulfilling your orders, Di Donna Galleries will use your Personal Information to process your payment, as authorized by you during the checkout process, and to communicate with you regarding the status of your order and delivery details.
Di Donna Galleries may use the information it collects from you to determine your purchase preferences, identify content that may be of specific interest to you, and deliver product offers or other content specific to your interests.
If you receive direct marketing from Di Donna Galleries, you can opt out at any time by following the instructions included in every email sent to you via the “Unsubscribe” link, or by sending a request to opt out of promotional email communications to info@didonna.com. Di Donna Galleries respects your choice and will stop sending you promotional emails once you unsubscribe. Please note, however, that you may not opt out of non-promotional communications from Di Donna Galleries, including communications confirming successful order placements, communications sent for customer service purposes, notifications regarding important Site or policy changes, communications providing important security or data breach information, and communications containing other significant information related to your Personal Information for as long as it is retained by Di Donna Galleries.
Di Donna Galleries may create Anonymous Information records from Personal Information by excluding information (such as your name and/or IP address) that would allow someone to identify a specific individual. Di Donna Galleries may use this Anonymous Information to analyze request patterns and improve the Site and our performance of services offered through the Site. In addition, Di Donna Galleries may create and use aggregate or statistical information that is not traceable to any particular individual (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Di Donna Galleries reserves the right to use and disclose anonymous or aggregate information to third parties in its discretion.
We will not perform any automated decision-making processes on the information that we collect.
While Di Donna Galleries will sometimes request your consent before using your Personal Information, there are many additional legitimate and lawful purposes for which Di Donna Galleries may collect and use your Personal Information without your consent. For more information, please see the see section titled “Notice Regarding Requested Consents,” below.
Di Donna Galleries will only retain the Personal Information we collect about you for as long as required for the purposes set out in this Privacy Policy or as required to comply with our legal obligations. Where we are permitted to engage in direct marketing, we may retain your Personal Information for that purpose and for as long as you do not unsubscribe from receiving such direct marketing from us. If you opt out of marketing, we will retain only as much information as is required for us to respect your wishes to not be contacted for marketing purposes.
THE CONDITIONS UNDER WHICH DI DONNA GALLERIES WILL SHARE YOUR INFORMATION WITH OTHERS:
Di Donna Galleries may share Anonymous Information for any legitimate business purpose allowed under the applicable laws and regulations without notification or consent.
It is currently Di Donna Galleries’ policy not to sell your personal information. In the event this policy changes, we will contact you in advance of the change to obtain your consent to the sale of your personal information.
Di Donna Galleries will share your Personal Information with employees, consultants, affiliates, or other third party businesses or persons for the purpose of processing your information on Di Donna Galleries’ behalf, including processing relating to fulfilling your orders, processing payments relating to your orders, shipping your orders to you, and maintaining and securing Di Donna Galleries’ business records. Di Donna Galleries may also share your Personal Information with our affiliates for their commercial or marketing use. Di Donna Galleries has taken certain organizational and technological security measures to secure your personal information, described in the “How Your Information Is Secured” section below, and requires at least the same degree of organizational and technological security to be used by our employees, consultants, affiliates, and third party businesses or persons involved in processing Personal Information. If Di Donna Galleries discloses your Personal Information as identified in this section, Di Donna Galleries agrees to be liable for violations of your privacy rights by the third parties to which your Personal Information was disclosed.
If Di Donna Galleries or its assets are acquired by another company, or Di Donna Galleries undergoes a re-organization that results in the creation of or transference of assets to a new entity, that company will possess your Personal Information and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.
Di Donna Galleries will not share your Personal Information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out.
Some of Di Donna Galleries’ third party partners or contractors may be international organizations or organizations that were formed in the United States. If Di Donna Galleries shares your Personal Information with such parties, Di Donna Galleries will use appropriate methods to transmit your information in accordance with all applicable laws and regulations. Such methods may include, but are not limited to, model contract clauses or binding corporate bylaws.
In certain circumstances, Di Donna Galleries may be required to disclose your Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
While Di Donna Galleries may request your consent to use or share your Personal Information to fulfill or perform services regarding your orders and requests, Di Donna Galleries may also use or share your Personal Information without your consent for any legitimate purpose as allowed under the applicable laws and regulations (see section titled “Notice Regarding Requested Consents,” below), including fulfilling contractual obligations to you, enforcing the Terms of Service, or bringing or defending against legal claims.
HOW YOUR INFORMATION IS SECURED:
Di Donna Galleries takes reasonable technical and organizational precautions, in addition to following industry best practices, to protect your information against loss, misuse, alteration, disclosure, unauthorized access, or destruction.
The Site makes use of Secure Sockets Layer (SSL) technology. Any Personal Information you provide through the Services is stored in Di Donna Galleries’ secure database in an encrypted format. Di Donna Galleries and its payment processing vendors adhere to the PCI-DSS standards as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover, and implement additional generally accepted industry standards.
Di Donna Galleries has implemented industry-standard electronic means of protecting your Personal Information including storing your Personal Information behind a computer firewall, which is a barrier designed to prevent outsiders from accessing our servers. Except as provided elsewhere in this Privacy Policy, Di Donna Galleries limits access to your Personal Information, regardless of if it is stored electronically or in physical form, to those persons (including employees and contractors) in Di Donna Galleries' organization who have a business need for such access.
Even though Di Donna Galleries has taken significant steps to ensure that your Personal Information is not intercepted, accessed, used, or disclosed to or by unauthorized persons, you should know that Di Donna Galleries cannot eliminate security risks associated with Personal Information. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
YOUR RIGHTS REGARDING YOUR INFORMATION:
Di Donna Galleries respects your privacy and wants you to be informed of, and in control of, how your Personal Information is used. To exercise any of the rights described in this section, please contact Di Donna Galleries’ privacy officer at privacy@didonna.com using the procedure described in the “Personal Information Request Submissions” section below.
Subject to local law, you can control your Personal Information in the following ways:
• You can request access to your Personal Information and obtain a copy of all Personal Information about you in Di Donna Galleries’ possession;
• You can correct any errors in your Personal Information, or notify Di Donna Galleries of any changes to your Personal Information;
• In certain situations, you can request that Di Donna Galleries erase, block, or restrict access to your Personal Information;
• In certain situations, you can object to the particular ways in which Di Donna Galleries is using your Personal Information; and
• In certain situations, you can also request that Di Donna Galleries send your Personal Information to a third party.
Di Donna Galleries will take all reasonable steps to ensure that your Personal Information is handled according to your wishes.
NOTICE REGARDING REQUESTED CONSENTS:
If you use the Site or the Services, you may be asked to consent to certain collection and use of your Personal Information. While you will not be penalized or prejudiced for refusing to consent to the collection, retention, and use of your information as described in this Privacy Policy, failure to provide consent may interfere with or disrupt certain features of the Site or prevent Di Donna Galleries from fulfilling your orders.
You are entitled to withdraw that consent at any time. If you revoke your consent, you will not be penalized or prejudiced for that revocation.
However, even if you refuse or revoke your consent, Di Donna Galleries may continue to collect, retain, and use your Personal Information or sensitive Personal Information so long as such retention and use is consistent with the purposes described in this Privacy Policy and that collection, retention, and use is lawful and allowed without need for your consent under the applicable laws and regulations.
These uses, among others, may include:
1. Complying with legal obligations, for example, tax, employment, and other laws or regulations;
2. Fulfilling Di Donna Galleries’ contractual obligations to you;
3. Fulfilling Di Donna Galleries’ legitimate business interests and purposes, whether performed by Di Donna Galleries or a third party, so long as that purpose does not override your fundamental rights and freedoms;
4. Preventing fraud;
5. For internal administrative purposes, whether your data is maintained internally or shared with Di Donna Galleries’ subsidiaries and affiliates, franchisees, or third-party contractors for this purpose;
6. Ensuring network and information security;
7. Establishing, exercising, or defending against any legal claims;
8. Complying with legal obligations; or
9. Using your Personal Information in accordance with any valid consents you have given.
If Di Donna Galleries collects, retains, or uses your Personal Information based on a legitimate interest or the public interest, as described above, you may have the right to object at any time to that use of your Personal Information if your local law gives you that right.
NOTICE REGARDING CHILDREN:
Di Donna Galleries does not intentionally gather Personal Information about visitors who are under the age of 13, and you must be at least 13 years or older to use the Site. If you believe that we might have any Personal Information from a child under 13, please contact us using the information in the “Contact Us” section, below.
NOTICE REGARDING CALIFORNIA PRIVACY RIGHTS:
California Civil Code Section 1798.83 permits users of the Website who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail with "California Privacy Rights" in the subject line to privacy@didonna.com or contact Di Donna Galleries via the information provided in the “Contact Us” section, below.
LINKS TO OTHER SITES:
If Di Donna Galleries provides a link to any other website or location, it is for your convenience and does not signify Di Donna Galleries’ endorsement of such other website or location or its contents. Di Donna Galleries has no control over, does not review, and cannot be responsible for these outside websites or their content. Please be aware that this Privacy Policy does not apply to such third-party websites. Di Donna Galleries is not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
PRIVACY POLICY UPDATES
Di Donna Galleries may, at its sole discretion, modify this Privacy Policy at any time by posting an updated Privacy Policy on this page. If you object to any modifications to this Privacy Policy, you must cease using the Site. Continued use of the Site following any modifications to this Privacy Policy shall indicate your acknowledgement of, and agreement to be bound by, the modified Privacy Policy.
CONTACT US
If you have any general questions about this Privacy Policy or how Di Donna Galleries collects, uses, or shares your Personal Information, or if you would like to manage your Personal Information as permitted under the various privacy or data security laws that may be applicable where you reside, please contact our Privacy Officer at the below email or mailing address:
Email: privacy@didonna.com
Di Donna Galleries Privacy Rights
Di Donna Galleries, LLC
744 Madison Avenue
New York, NY 10065
ATTN: Privacy Officer
Effective Date: October 30, 2020
Privacy Policy Location: www.didonna.com/privacy-policy/
RIGHTS AND CHOICES FOR NEVADA CONSUMERS
If you are a resident of the State of Nevada, you have the right to request that Di Donna Galleries not sell the Personal Information we currently have about you or that we might collect about you in the future. Although it is currently Di Donna Galleries’ policy not to sell our consumers’ Personal Information, if you would like to register an email address with Di Donna Galleries to request that we not sell your Personal Information now or in the future, please send an e-mail with "Nevada Privacy Rights" in the subject line to privacy@didonna.com or contact Di Donna Galleries via the information provided in the “Contact Us” section, above.
Following our receipt of your request, we will make reasonable efforts to verify your identity and that the request is authentic. When we have verified your request, we will confirm that your Personal Information will not be sold by Di Donna Galleries. If you change your email address in the future, please note that you will need to re-register the new email address with us so we can continue to ensure that we do not sell your Personal Information.
Di Donna Galleries will only use the information you provide in connection with your request to process that request. Because of the on-going nature of your right not to have your Personal Information sold under Nevada law, we will retain the information provided in this request until you withdraw the request.
RIGHTS AND CHOICES FOR EU/EEA (AND UK) CONSUMERS
The GDPR provides individuals (residents of the European Union (EU) and European Economic Area (EEA)) with specific rights regarding their Personal Information. As of the effective date of this Privacy Policy, the UK is covered by the GDPR but has taken steps to adopt laws that mirror the GDPR that are intended to go into effect following the UK’s departure from the EU. References to the GDPR in this Privacy Policy are intended to cover the UK’s replacement laws.
This section describes your GDPR rights and explains how to exercise those rights.
The GDPR extends a number of rights to residents of the EU, EEA, and, through mirrored laws adopted by the UK intended to go into effect following the UK’s departure from the EU, the UK. These rights include the rights of/to: access, rectification, erasure (“the right to be forgotten”), restrict processing, data portability, and objection to profiling and automated decision-making. Individuals subject to the GDPR also have the right not to be discriminated against for exercising these rights.
EXERCISING YOUR GDPR RIGHTS
You have the right to control your Personal Information as described below. In order to request access to, correct, object to our use and retention of your Personal Information, or to exercise any of your rights related to your Personal Information as described in your local law, please send a request by email to privacy@didonna.com or by mail using the contact information listing in the “Contact Us” section above. Please include “Personal Information Request” in the subject line of your email.
You can control your Personal Information in the following ways:
• You can request access to your Personal Information and obtain a copy of all Personal Information about you in Di Donna Galleries’ possession;
• You can correct any errors in your Personal Information, or notify Di Donna Galleries of any changes to your Personal Information;
• In certain situations, you can request that Di Donna Galleries erase, block, or restrict access to your Personal Information;
• In certain situations, you can object to the particular ways in which Di Donna Galleries is using your Personal Information; and
• In certain situations, you can also request that Di Donna Galleries send your Personal Information to a third party.
When you contact Di Donna Galleries to exercise any of the privacy rights described above, please provide the following information:
1) Your first and last name;
2) Your email address;
3) Your phone number; and
4) A brief description of your request, which can be based on the list of rights described above.
Di Donna Galleries will make a reasonable effort to confirm your identity before processing your request in order to protect against disclosure of your information to a third party This identity confirmation effort may come directly from us or from a trusted vendor.
The Personal Information you submit with your request will only be used to process your request, though Di Donna Galleries may store information relating to your request for up to 60 days in case you have additional inquiries. Any contact information provided in connection with a request to exercise your rights related to your Personal Information will not be used for direct marketing purposes and will not be shared with others unless necessary to verify your identity and complete your request.
Di Donna Galleries will do its best to respond to your request as soon as possible, and, in any event, no later than 30 days after receiving your request. Please note that making multiple requests at one time may delay the processing of your request. If additional time is required to complete your request, Di Donna Galleries will contact you within information regarding the delay.
In certain circumstances, some requests may need to be fulfilled in a logical order. For example, if you request to see what information Di Donna Galleries has about you and at the same time request that Di Donna Galleries erase your Personal Information, Di Donna Galleries will first provide you with access to your Personal Information, before asking you to confirm your request to delete that information.
In some circumstances, Di Donna Galleries may not be able to comply with your requests relating to your Personal Information. In those cases, Di Donna Galleries will respond as soon as possible, explain why we are not able to comply, and provide information about how you can object to the relevant Supervisory Authorities if you think our continued use is improper.
If you have a concern about Di Donna Galleries’ handling of your Personal Information or your request, please contact us using the contact information in this Privacy Policy so we can try to resolve your concerns. Di Donna Galleries is committed to working with you to obtain a fair resolution to any complaint or concern you may have about your Personal Information. In certain circumstances, you may have the right to lodge a complaint with the data protection authority in your country (if one exists in your country) or supervisory authority. You may also have a right to a judicial remedy if it is determined your Personal Information is being used illegally.