MICHAEL WERNER GALLERY UK Ltd.

Introduction and general terms

Michael Werner Gallery UK Limited, a UK registered company with company number 08074101 and Michael Werner Inc, a US registered company (collectively referred to (unless stated otherwise) as “Michael Werner”, “we”, “us” or “our” in this policy), jointly operate the website, www.michaelwerner.com (“Website”), and form part of an international commercial gallery representing artists worldwide, and operating in London and New York (“Services”).

If you have any questions or comments about this privacy policy please contact us via:

Telephone:

United Kingdom: +44 207 495 6855

United States: +1 212 988 1623

Email: unsubscribe-UK@michaelwerner.com

Michael Werner is committed to protecting and respecting your privacy. This policy explains the basis on which personal information we collect from you will be processed by us. Where we decide the purpose or means for which Personal Data you supply through these Services is processed, we are the joint “controllers” for the purposes of the General Data Protection Regulation 2016/679, unless indicated otherwise in this policy.

This policy explains the following:

•   What information Michael Werner may collect about you;

•   How Michael Werner will use information we collect about you;

•   Whether Michael Werner will disclose your details to anyone else; and

•     Your choices and rights regarding the personal information you have provided to us.

Our online services contain hyperlinks to websites owned and operated by third parties. These third party websites may have their own privacy policies and we recommend you to review them. We do not accept any responsibility or liability for the privacy practices of such third parties and your use of them is at your own risk.

What information will Michael Werner collect about me?

We collect and process the following information which may include your Personal Data. 

Information provided by you when using our Services

You may give us information about you by filling in forms when using our Services, signing up to our newsletter or contacting us with enquiries. Such information can include:

Identity and contact data: including your name, address, telephone number and e-mail address; and
Profile Data: including artwork information, artworks owned, requested, offered, reserved, purchased, consigned and details of artwork invoices.

Payment Information

In order for you to use all the functions of our Services we may collect payment information from you including your credit card number and bank account details.

The collection of payment information for use of our Services in the UK will be via our UK entity, Michael Werner UK Limited which is the data controller in respect of such processing.

The collection of payment information for use of our Services in the US will be via our US entity, Michael Werner Inc which is the data controller in respect of such processing.

How you use our Website (Analytics)

Our Website uses cookies and other mechanisms, to collect analytical information, such as your internet protocol (IP) address, to help analyse how visitors use our Website.  Such information includes:

number of visitors to our Website
pages visited while at the Website and time spent per page
page interaction information, such as scrolling, clicks and browsing methods
websites where visitors have come from and where they go afterwards
page response times and any download errors
other technical information relating to end user device, such as IP address or browser plug-in

You can always choose to enable or disable cookies in your internet browser. By default, most internet browsers accept cookies but this can be changed. For further details, please consult the help menu in your internet browser. For further information about cookies, please see: www.allaboutcookies.org, and how to adjust your browser settings here: www.allaboutcookies.org/managecookies.

We use Google Analytics from Google, Inc. (based outside the EU) on our Website for anonymous reporting of Website usage.

To find out more about Google Analytics and to learn how to opt out, please visit:

How Google uses data when you use our partners' sites or apps, or
https://tools.google.com/dlpage/gaoptout/.

We process this information to understand how visitors use our Website and to compile statistical reports regarding that activity.  This processing is crucial to the running of our online business.  This information is not used to develop a personal profile of you.

DATA Sharing

We may share your Personal Data between our affiliates, (Michael Werner Gallery UK Limited, Michael Werner Inc), and third parties who provide us with logistics and payment processing services (set out below), only in the ways that are described in this privacy policy. We keep your information confidential, but may disclose it to our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this privacy policy. However, this is on the basis that they do not make independent use of the information, and have agreed to safeguard this information.

In addition, we may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).

how We will use information we collect about you and WHO WILL WE SHARE IT WITH

Providing the Services to you as a prospective or existing client

We may use and retain your personal data where we need to perform the contract we are about to enter into or have entered into with you, such as:

for registering you as a new client;
processing purchases including any shipping details for delivery of the artwork; and
keeping track of contractual agreements.

The controller in respect of this processing is the legal entity you are contracting with (which may be Michael Werner Gallery UK Limited or Michael Werner Inc.).

We may also use and retain the personal data you provide to us when requesting our Services, to pursue our legitimate interest of providing our Services to you, such as:

keeping track of artworks offered to you in order to understand your preferences and purchase history and allow us to offer relevant artwork to you when it comes in;
keeping track of artwork;
responding to your enquiries; and
providing you with information and updates about the Services we offer

We may analyse certain types of information that you submit to us for the legitimate interest of improving the Services we offer to you and to provide you with a bespoke, tailored service and art advisory and consultancy service, based on your preferences, recommendations, interests and previous purchases and location.

We may share your personal data with our selected third party providers and suppliers for the performance of delivering our Service under the contract between you and Michael Werner, including processing payments and delivering artwork to you in accordance with your instructions.

Michael Werner Gallery UK Limited will be responsible for collecting your personal data, processing payments and delivering artwork to you in accordance with your instructions if you are contracting with that company (for example if you make a purchase from our UK gallery). Likewise, Michael Werner Inc will be responsible for collecting your customer personal data, processing payments and delivering artwork to you in accordance with your instructions if you make a purchase from our gallery in the US.

Providing the Services and acting for you as an artist or prospective artist

We may use and retain your personal data where we need to perform the contract we are about to enter into or have entered into with you, such as:

promoting and selling your artwork to relevant clients based on their preferences and previous purchases;
retaining a personal profile of you and your artwork to provide clients with background information, and market your artwork accordingly;
responding to your enquiries; and
providing you with information and updates about our Services and upcoming exhibitions.

The controller in respect of this processing is the legal entity you are contracting with (which may be Michael Werner Gallery UK Limited or Michael Werner Inc.).

Compliance and prevention of Fraud and Illegal Activity

We may process Personal Data for the legitimate interests of ensuring that use of our Services is lawful and non-fraudulent, does not disrupt the operation of our Services, does not harass our staff or other individuals, and to enforce our legal rights and comply with our legal obligations, including compliance with anti-money laundering regulations (if and where applicable).

We process Personal Data for the legitimate interest of complying with HMRC and other applicable legal requirements by retaining records of customer purchases and transactions.

Where we reasonably believe that you are or may be in breach of any of the applicable laws, we may use your personal information to inform relevant third parties such as your email/internet provider or law enforcement agencies about the content.

The controller in respect of this processing is the legal entity you are contracting with (which may be Michael Werner Gallery UK Limited or Michael Werner Inc.).

Marketing

We use various forms of marketing to provide you with promotional materials about our Services.

We may process and store your contact information that you provide to us (either via our Website, through business cards, or through use of our Services) for the purposes of marketing in accordance with our legitimate interests to send you information about gallery exhibitions and events. The contact information that we collect is held on a mailing list that is jointly controlled and shared by Michael Werner Gallery UK Limited and Michael Werner Inc.

We may use third party email providers, such as Campaign Monitor, to process marketing emails.

If you would like to be removed from this mailing list, please contact us at unsubscribe-UK@michaelwerner.com or click on unsubscribe at the bottom of each marketing email.

Your rights in relation to Personal Data which we process relating to you

You have the following rights over the way we process Personal Data relating to you.We aim to comply without undue delay, and within one month at the latest.

for a copy of data we are processing about you and have inaccuracies corrected;
to ask us to restrict, stop processing or to delete your personal data;
for a machine-readable copy of your personal data, which you can use with another service provider. Where it is technically feasible, you can ask us to send this information directly to another provider if you prefer; and
to make a complaint to a data protection regulator.

Please send your requests to unsubscribe-UK@michaelwerner.com.  

Data Retention

We will hold your personal information on our systems for as long as is necessary for the relevant service or as required by law, or for accounting or regulatory purposes, or as otherwise described in this privacy policy.

Children

We do not knowingly solicit data from or market to children under the age of 18.  If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at unsubscribe- UK@michaelwerner.com. We will delete such information from our files within a reasonable time.

Security

We will take all reasonable technical and organisational precautions to prevent the loss misuse or alteration of your personal information.

Please be aware that, although we endeavour to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes

We will notify you of any changes to this policy by email, notice on the Website or account message.

International Data Transfers

Where we transfer your data outside of the EEA in respect of the transfer between our UK and US affiliates or where third party suppliers are based outside of the EEA, we have agreements in place which include standard data protection clauses adopted by a data protection regulator and approved by the European Commission to ensure that appropriate safeguards are in place to protect your Personal Data, in the form of model contract clauses.If you would like to find out more about these safeguards, please let us know by writing to unsubscribe-UK@michaelwerner.com.