Privacy Policy
1
INTRODUCTION
Welcome to the SPLITXCHANGE’s (collectively referred to as “SPLITXCHANGE”, "we", "us" or "our") privacy policy. References to “you”, “your” or “user” shall mean the users of SPLITXCHANGE website and software application. We respect your privacy, and we are committed to protecting your personal data. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect, use, and share in connection with the SPLITXCHANGE website, mobile app, and other software provided on or in connection with our services, as described in our Terms of Use (collectively, the “Platform or Services”).
By accessing or using our Platform in any way, you agree that your information may be collected, stored, shared, and used as described in this Policy and our Terms of Use. You may withdraw consent at any time in writing, however such withdrawal does not negate our right to process your data prior to your withdrawal.
2
Purpose of this privacy policy
This privacy policy aims to give you information on how we collect and process your personal data through your use of the Service, including any data you may provide through any medium when you sign up to our newsletter or purchase a product or service or take part in a competition.
We do not intentionally solicit information from or market to minors. Our terms and condition of use require all users to be at least 18 (eighteen) years old. If a minor under the age of 18 (eighteen) submits Personal Data to SPLITXCHANGE and we learn that the Personal Data is the information of minor, we will delete the information as soon as possible. If you believe that we might have any Personal Data from a minor, please contact us by using the contact links or at the address indicated herein.
It is important that you read this privacy policy together with other related policies including without Terms and Conditions (T&Cs), that SPLITXCHANGE may provide on specific occasions when collecting or processing your personal data. so that you are fully aware and consent on how and why we are using your personal data. This privacy policy supplements other notices and privacy policies and is not intended to override them.
3
Data Controller
SPLITXCHANGE, is the custodian and data controller and responsible for your personal data with regards to your engagements / business relationship with SPLITXCHANGE.
Contact Details
If you have any questions about this privacy policy or our privacy practices, please contact us via email at info@splitxchange.com
You have the right to make a complaint at any time to the regulatory authority in your jurisdiction for data protection issues We would, however, appreciate the opportunity to address your concerns before you approach the Authority.
4
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review and notification of any changes will be provided for your use.
It is important that personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your business relationship with us. In the event that we have not received information regarding a change of status on your personal data, please note that you inherently accept the responsibility for the information you provided and/or the failure to timely and accurately update your details.
5
Third-party links
Our Platform may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Platform and/or are directed to any links to other sites, we encourage you to read the privacy policy of every website you visit.
6
The data we collect about you
Personal data, or personal information, means data that allows someone to identify you individually, including, for example, your name, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing. “Anonymous Data” means data, including aggregated and de-identified data, that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons.
We may collect, use, store and transfer various kinds of personal data about you which we have classified as follows:
6.1
Identity Data
includes first name, maiden name, last name, images or photos, biometrics, username or similar identifier, marital status, title, date of birth and gender.
6.2
Contact Data
includes billing address, delivery address, email address and telephone numbers.
6.3
Financial Data
related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase our services from the Application. We store only very limited, if any, financial information that we collect.
6.4
Transaction Data
includes details about payments to and from you and other details of products and services you have purchased from us.
6.5
Technical Data
includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our Platform.
6.6
Mobile Device Access:
We may request access or permission to certain features from your mobile device, including your mobile device’s [Bluetooth, calendar, camera, contacts, microphone, SMS messages, social media accounts, files and storage, and other features. You can decline granting access to your mobile device by clicking on “disagree” “do not allow” options that may pop-up or by changing our access or permissions via your device’s settings.
6.7
Push Notifications:
We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
6.8
Profile Data
includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses. Please use unique numbers, letters, and special characters, and do not disclose your password to anyone. Please remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.
6.9
Usage Data
includes information about how you use our Platforms, products, and services.
6.10
Marketing and Communications Data
includes your preferences in receiving marketing from us and our third parties and your communication preferences.
6.11
Contact List Information -
Includes users’ contact lists. SPLITXCHANGE may for the purpose of networking and connecting users upload your contacts to the SPLITXCHANGE server. Similarly, this would enable users to send invitations to persons on their contact list, or by manually entering a telephone number. We do not share this information or make it available to others. We will only access your contact list if you click on the “allow” “agree” or other consent words that may pop-up on your device.
6.12
If required to help us verify your identity, you may provide us a copy of your driver’s license, passport or other government issued ID. If required to help us verify your residence, you may provide us with a utility bill, lease or other proof of residence. You may also provide us other verification documents, such as bank statements reflecting the source of funds, to meet international anti-money laundering regulations, or other legal requirements. If you seek to invest through an entity, you may provide us with documentation relating to the entity’s jurisdiction of formation, legal status and ownership. By providing the verification information and documents mentioned above, you also provide us information within those records, which may include characteristics of protected classifications like your sex, age, national origin, and citizenship.
6.13
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature on our Platform. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
6.14
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership and information about your health. We also do not collect any information about criminal convictions and offences that do not pertain to the misuse or abuse of our platform.
7
If you fail to provide personal data
For legitimate and regulatory purposes and processes, we are required to collect your personal data which shall undergo verification before you can be fully admitted and commence your business relationship with us. In the event that you unable to produce this information; we may be unable to assist you or issue you a contract which is mandatory and essential for onboarding all prospective clients or partners we engage with. Thus, leading to either rejection, cancellation or termination of your pending request.
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us.
8
How is your personal data collected?
We use different methods to collect data from and about you including through:
8.1
Direct interactions.
You may give us your Identity, Contact (including your contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise.8.2
In addition to the above we may collect the personal data you provide on our Platforms when you:
8.2.1
apply for our products or services.
8.2.2
create an account on our Platforms - To register for an SPLITXCHANGE account, you may need to do so by providing your full name and a valid email address. If you have received our permission to use our Services, you may need to complete an additional registration process and provide additional information. If you have an ATSPLIT account, you may access, add, remove or update certain information about you in your profile and account settings, as indicated on our Services. It is your responsibility to update all such information as necessary to keep it accurate and current.
8.2.3
subscribe to our service or publications.
8.2.4
request marketing to be sent to you.
8.2.5
attend one of us in person and/or online events.
8.2.6
enter a competition, promotion, or survey; or
8.2.7
give us feedback or contact us.
8.3
Automated technologies or interactions. As you interact with our Platforms, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data through:
8.3.1
Information Collected by Our Servers - To provide our Service and make it more useful to you, we (or a third-party service provider) collect information from you, including, but not limited to, your browser type, operating system, Internet Protocol (“IP”) address, mobile device ID, wallet type, and date/time stamps.
8.3.2
Log Files. As is true of most websites and applications, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamps, and clickstream data. We use this information to analyse trends, administer the Service, track users’ movements around the Service, and better tailor our Services to our users’ needs.
8.3.3
When you download or use an SPLITXCHANGE mobile application or visit our website from a mobile browser, we may obtain information about your location and mobile device, including a unique identifier for your device which information may be used for legitimate business purposes. Along with the other purposes described in this Policy, we may use this information in order to customize our Services, Content and marketing for your location. Most mobile devices let you disable location services, and your choices for location services may vary depending on your mobile device
8.4
Third parties or publicly available sources.
We will receive personal data about you from various third parties and public sources as set out below:8.4.1
Technical Data from analytics providers; advertising networks; and search information providers.
8.4.2
Identity and Contact Data from data brokers or aggregators.
8.4.3
Identity and Contact Data from publicly available sources.
9
How we use your personal data
9.1
The information we collect helps us to operate, improve, protect, and customize our Services, as well as develop new Services. The information we collect also helps us provide customer support and make our Platform more efficient for you and other Users. For the sake of transparency, it is our responsibility to outline for you the legitimate business purposes for the collection of information and the reasons why we do so, in order for you to make an informed decision regarding the use of our Services.
9.2
Most commonly, we will use your personal data in the following circumstances (these circumstances may be vary from time to time and we shall keep you informed where such changes may occur and/or affect the collection and/or use of your personal data):
9.2.1
For legitimate reasons such as contractual agreements between you and SPLITXCHANGE for business related purposes.
9.2.2
For our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
9.2.3
For instances where we need to comply with legal obligations.
9.2.4
Where we have obtained your consent to do so.
9.2.5
Whilst we do not rely on consent as the sole legal basis for processing your personal data, we will obtain your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us and the third-party supplier through its channels of communication.
9.3
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.9.4
Note that we may process your personal data for various lawful grounds depending on the specific purpose for which we are using your data. Please contact us if you require clarification and/or details about the specific legal ground we are relying on to process your personal data where multiple/various grounds have been set out in the table below.
9.5
| Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
|---|---|---|
| To register you as a new customer |
| Performance of a contract with you |
To register you as a new customer
|
|
|
To manage our relationship with you which will include:
|
|
|
| To enable you to partake in a prize draw, auctions, competition or complete a survey |
|
|
| To administer and protect our business and Platforms (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
|
|
| To deliver relevant content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
| Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) |
| Contact List (Connect Contacts) |
|
|
| To use data analytics to improve our Platforms, products/services, marketing, customer relationships and experiences |
| Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Platforms updated and relevant, to develop our business and to inform our marketing strategy) |
| To make suggestions and recommendations to you about goods or services that may be of interest to you |
| Necessary for our legitimate interests (to develop our products/services and grow our business) |
9.6
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:9.6.1
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
You will receive marketing communications from us if you have requested information from us or purchased [goods or services] from us and you have not opted out of receiving that communication.
9.6.2
Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
9.6.3
Opting Out
You can ask us or third parties to stop sending you marketing messages at any time by logging onto the Platforms and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
10
Communication Preference
We provide registered Users with settings on our Services to control whether they receive certain communications from us. If you do not want to receive marketing email from us, you can unsubscribe by following the unsubscribe link in the email you received, changing your preferences in your profile and account settings (if you have registered for an SPLITXCHANGE account). You may not be able to opt out of receiving some communications from us, such as email about your account, your relationship with us, or your transactions with us or other Users. Please note that unsubscribing from receiving emails from us may result in a less robust experience of our Services.
11
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
12
Disclosures of your personal data
We may share your personal data with the parties set out below for the purposes set out in the table (Purposes for which we will use your personal data) above.
12.1
Internal Third Parties
12.2
External Third Parties
12.3
Specific third parties listed in the table (Purposes for which we will use your personal data) above.
12.4
Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
12.5
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
13
International Processing
Our Users (including the galleries and other organizations that use our Services as exhibitors, buyers or sellers), service providers, and other third parties you may interact with in connection with our Services, may be located in any country, including countries that may not offer adequate level of protection for Personal Information. By accessing or using our Services, you agree that your information may be transferred and processed in any country or jurisdiction.
14
Data Security
Every SPLITXCHANGE account is protected by a password to help maintain privacy and security on our Services. If you register for an account, we urge you to use a strong password containing unique numbers, letters and special characters, and to protect the confidentiality of your password at all times. If you suspect or become aware of any unauthorized access to or use of your account or password, you agree to immediately notify us and change your password. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. However, please note that while we seek to protect your information and maintain the security of our Services, due to the possibility of hardware or software failure, unauthorized entry or use and other factors, we cannot guarantee the security of any information, whether online or offline. Any transmission of information is at your own risk. Please also note that any information you provide to us is unencrypted.
15
Data retention
15.1
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
15.2
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
15.3
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.
15.4
In some circumstances you can ask us to delete your data: see (your legal rights) below for further information.
15.5
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
16
User Communication
Connecting with Other Users:
We aim to provide a platform and marketplace where Users can discover and engage with a wide range of artwork, design and other items from around the world, including items from the various galleries, institutions and others that use our Services as exhibitors or sellers. To help make this happen, our Services may include features, such as messaging tools and email addresses hosted on our Services, that enable you to contact and communicate with other Users. For example, when an auction house, gallery, or other seller lists an artwork or other item on our Platform, our Platform may enable you to contact them about that item or about other items they may have available.
Sharing Information with Other Users:
When you use our Services to contact another User or perform a transaction with another User, such as an auction house, gallery, or institution, they may obtain your name, email address and (as applicable) other contact information from us to facilitate communications, transactions, or for their marketing purposes. Sometimes such Users may be able to obtain additional information about you when you use our Services to contact them or perform a transaction with them. For example, they may be able to obtain information about your location, interests and other information, as indicated by us in connection with these Services, or as otherwise indicated in your profile and account settings. Our Services may include settings that enable you to choose how certain information is shared with other Users when you contact them or perform a transaction with them, as indicated when you use these Services or in your profile and account settings.
17
Your legal rights
Under certain circumstances, you have rights under the applicable data protection laws in relation to your personal data. You have the right to:
17.1
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
17.2
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
17.3
Request erasure of your personal data - If you wish to cancel your account, you may do so by using the tools provided in your profile and account settings, subject to any other agreements between you and us and any transactions which have not yet been completed. If you terminate your account, we may keep a record of any or all information associated with you or your account, as required or permitted by law, for purposes consistent with this Policy. Specific account data that includes Personal Information including your name, e-mail, contact information, and certain other records such as settings and profiles will be removed at such termination. You may ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
17.4
Object to processing of your personal data 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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms
17.5
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
17.5.1
If you want us to establish the data's accuracy.
17.5.2
Where our use of the data is unlawful, but you do not want us to erase it.
17.5.3
Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
17.5.4
You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
17.6
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
17.7
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
No fee usually required.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.Time limit to respond.
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.18
Changes to this Privacy Policy
Our business changes with time, and our Privacy Policy will change also. We reserve the right to change this Policy, including without prior notice, at any time at our sole discretion. For example, and without limitation, we may change this Policy to reflect changes to the law or changes to our Services. All changes to this Policy will be effective when posted on our Platform, or at such later date as may be specified in the updated Policy. We will notify you of any changes to this Policy by posting the updated Policy, and you agree to review this Policy regularly and inform yourself of all applicable changes. By continuing to use our Services after any changes to this Policy become effective, you agree to such changes and the updated Policy.
Unless we notify you otherwise, the current version of this Policy will apply to all information that we have about you or your account.