Public Art Fund Privacy Policy

Last Updated: November 2023

Public Art Fund collects and uses personal information in order to provide its products and services. This Privacy Policy describes the personal information we collect, the purposes for which we use it, the parties with whom we may share it, and your choices with respect to such information. For purposes of this Privacy Policy, “personal information” means any information that relates to you as an individual and could reasonably be used to identify you. This Privacy Policy applies to our collection and use of personal information through this website and any related websites, applications, tools, or platforms, as well as through any other means where a link or reference to this Privacy Policy is provided. To the extent permitted by applicable law, your use of Public Art Fund’s products and services constitutes your acknowledgment and/or consent to the practices described in this Policy.

This Privacy Policy incorporates the Public Art Fund Terms of Use (the “Terms”). Capitalized terms that are not defined in the Privacy Policy have the meaning given to them in the Terms.

The information that we collect:

Public Art Fund collects personal information:

A. When you provide it to us.

This may include your:

• ● name;
  ● contact information, such as your email address and phone number;
  ● home/office address;
  ● credit card information;
  ● bank information;
  ● marketing preferences;
  ● customer service communications; and
  ● any other information that you provide to us when you complete forms, including on our website, surveys, or otherwise provide us with information.

B. When you use our products or services, or visit our website(s).

This may include your:

• ● usage data;
  ● location data, which we may collect when you access our website using a mobile device;
  ● information created when you communicate using our products or services, including the content of such communications and the time/date of the communications; and
  ● information automatically collected when you visit our website(s) using your computer or mobile device, including your IP address or other device address or ID, web browser and/or device type, hardware and software settings and configurations, the web pages or sites that you visit just before or just after visiting the Site, the pages you view on the Site, your actions on the Site, and the dates and times that you visit, access, or use the Site.

This may also include information collected via one or more “cookies” when you visit our website(s). Cookies are small text files that are stored on browsers or devices by websites, apps, online media, and advertisements. We use cookies and similar technologies for purposes such as remembering user preferences and settings, determining the popularity of content, delivering and measuring the effectiveness of advertising campaigns, and analyzing traffic to our website. You may be able to decline our cookies through your browser settings; however, this may interfere with your ability to use our website or certain features in our website. We may also use Google Analytics or a similar service that uses cookies to help us analyze how users use the services we provide to you.

How we use the information we collect:

Public Art Fund uses the personal information that we collect:

A. To provide our products and services.

For example, we use personal information to:

• ● provide our services to you;
  ● process transactions you initiate with us, such as donations;
  ● manage our website;
  ● communicate with you; and
  ● perform necessary operations to maintain our services, including to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends.

B. Support.

We use the information we collect to provide support to our patrons and website visitors, which may include investigating and responding to complaints.

C. Marketing.

We may use personal information to market our services to our users. This includes sending users communications about our services, features, promotions, updates, and events. We may do so through various methods, including email, text messages, social media, and ads on third party platforms.

D. Job Applicants.

We may use personal information we collect directly from individuals (including via a job application portal) or from other sources such as social media, or receives from recruiters, to evaluate job applicants.

E. Legal proceedings and requirements or fulfilling contractual obligations.

We may use personal information to investigate or address claims or disputes relating to use of our services, to satisfy requirements under applicable laws, regulations, or operating licenses or agreements, including requirements that apply to Public Art Fund in its capacity as service provider or contractor for another entity, or pursuant to legal process or governmental request, including from law enforcement.

We may also aggregate, anonymize, or otherwise use your personal information without identifying you for any purpose permitted by applicable law.

When we share your information:

We may disclose your personal information, to be used only for legitimate purposes in keeping with this Privacy Policy, to:

• ● vendors and service providers;
  ● payment processors and facilitators;
  ● cloud storage providers;
  ● social media companies, such as Facebook or Instagram, in connection with our use of their platforms to communicate with our users;
  ● trusted third-party partners with whom we may share information in connection with collaborations between us and such partners, as well as, in some cases, to enable them to send you communications we think may be of interest to you;
  ● Google Analytics or a similar service to help us analyze how users use our website;
  ● consultants, lawyers, accountants, and other professional service providers; and
  ● other third parties with your consent.

We may also share your information if we believe it’s required by applicable law, regulation, operating license or agreement, legal process or government request, or where the disclosure is otherwise appropriate due to safety or similar concerns. We may also share your information with others in connection with, or during negotiations of, any merger, sale of Public Art Fund assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.

Additional Information

A. Opt-out from communications

As explained above, we may use your e-mail address or other personal information to send you promotional materials. You can opt-out of receiving promotional communications by following links provided in the messages or by contacting us directly at [email protected].  Although your request to stop receiving information will be reflected promptly in our database, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics or statistics about our users. To make a request related to your personal information or otherwise exercise your rights, you may contact us using the contact information provided below. In order to fulfill your request, we may require additional information from you. You may decline to share certain information with us, in which case we may not be able to accept your membership, or provide you with our services.

B. Children

We do not knowingly collect or maintain information directly from persons under 13 years of age (“children”), and no part of the services is directed to children. If you are under 13 years of age, then please do not use or access the services at any time or in any manner. If we learn that information has been collected through the services from children and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child has provided us with personal information without your consent, please contact us using the contact information below to request that we delete the information from our systems.

C. Visitors from Outside the United States

Public Art Fund operates in the United States, and any personal information collected pursuant to this Privacy Policy may be accessed from and/or stored by us, or those acting on our behalf, in the United States. If you use our services from outside the United States, you acknowledge that your personal information may be transferred to or accessed from the United States, and consent to such transfer or access.

D. Requests and inquiries

To submit a request relating to your personal information, or other inquiries regarding the information in this Privacy Policy, please contact us by e-mail at [email protected].

E. Updates to this Privacy Policy

We may update or make other changes to this Privacy Policy from time to time, without notice. We will notify you about changes that significantly impact our use of your personal information by placing a prominent notice on this website or by sending you an email. We recommend revisiting this page periodically to make sure that you have the most recent information regarding our collection and use of your personal information. To the extent permitted under applicable law, we will understand your use of our website, products or services after an update to this Privacy Policy to reflect your consent to the practices described in this Privacy Policy. For the avoidance of doubt, disputes arising as considered in this document will be resolved in accordance with the Privacy Policy in effect at the time the dispute arose.

F. Contact

Please contact us with any questions, comments or concerns about this Privacy Policy or our use of your personal information by e-mail at [email protected] or by mail at One East 53rd Street, New York, NY 10022.