Privacy Policy

Legal

Effective Date: June 30th, 2021

This Privacy Policy (the “Policy”) describes how Newcube LLC (“Newcube” or “newcube” or “we” or “our” or “us”) collects, stores, shares, and uses information, and your choices about privacy when you use our website and services (collectively, the “Services”). This Policy is part of and incorporated into our Terms of Use.

Newcube knows that you care about and are concerned about how your personal information is used and shared. Your privacy is important to us, and we ask that you read this Policy carefully to be informed about our practices. By visiting https://www.newcube.art (the “Site”), you (“you” or “user” or, collectively, “users”) acknowledge that you accept and agree to the practices and policies outlined in this Policy and hereby consent to the collection, use, and sharing of your information as described herein.

I. What Does This Privacy Policy Cover?

This Policy covers our collection and use of your personally identifiable information (“PII”) when you access our Site, which PII is either provided to us by you or collected automatically because you have visited or transacted on the Site. This Policy does not apply to the practices of third parties that we neither own or control.

II. What PII Do We Collect?

The PII we collect from Users of the Site enables us to personalize and improve our Services. PII does not include information that has been aggregated or made anonymous so that by itself it no longer identifies and can no longer reasonably be used to contact a specific person or household.

We collect the following types of information from our Users:
1. PII You Provide Us:
a. If you choose to create an account on the Site, you are required to provide us with your email address, name, mailing address, telephone number, and credit card information. It is your responsibility to ensure that all of this information is valid.
b. Please note that we will not store your credit card information.
c. It is your responsibility to keep your account information current, and you are able to update your profile as often as necessary in order to do so. If at any time you decide to terminate your account, we have the right to store a copy of the data provided if it is required to complete a financial transaction which has not yet been completed or to comply with applicable law. Once your account is terminated, your data will be anonymized such that it can no longer be associated with your name or used to identify you or a household specifically.
d. When payment for an Artwork is made via wire transfer, we will collect from you any and all information necessary to effectuate that payment, including but not limited to your contact information and bank information. We reserve the right to contact your financial institution in order to confirm your ability to finalize the transaction or to verify your identity as the owner of any bank account for which information has been provided.
2. Information Collected Automatically:
a. Whenever you view, access, or interact with our Site, we automatically collect information such as your IP address and web browser. How you move through the Site, what pages you visit, and what items you click on is data which is automatically collected and stored and linked to your user profile. We share this information with Google Analytics, our website analytics provider, to learn about site traffic and activity. For more information regarding Google Analytics and its use of PII, please visit this link.
b. When we collect such usage information, this data is used in anonymized and aggregated form, and not in a manner that can identify you or a household. We may also provide this anonymized and aggregated information to our third-party service providers in the normal course of business of providing our services to you. We do not disclose anonymized or aggregated information to a third-party service provider in a manner that can identify you or your household.
c. The Site is hosted by Vercel & OVH. For further information regarding Vercel’s privacy practices regarding PII, please refer to this link. For further information regarding OVH’s privacy practices regarding PII, please refer to this link.
d. The Site uses Avalara for the calculation of all applicable sales tax and VAT. For further information regarding Avalara’s privacy practices regarding PII, please refer to this link.

III. Do We Share or Sell Any of the PII We Receive?

We neither rent nor sell your PII to anyone, however we share your PII with third-party service providers as described below. For any such third-party service providers, we encourage you to visit their respective websites to review their terms of use and/or privacy policies.

Except as set forth in this Policy, we will use commercially reasonable efforts to notify you when your PII may be shared with third parties, and you shall be given an opportunity to opt-out of any such transfer. However, it is important to note that in the event that you do wish to opt-out, all functionality on the Site or, indeed, the Site itself, may not be available to you to use.

Third-Party Service Providers: We engage with third-party service providers to undertake work on our behalf and in doing so may be required to share PII with them in furtherance of their work with us and in order to provide products and services to you. Unless we inform you otherwise, these third-party service providers do not have any right to use the PII we share with them beyond what is necessary to provide their services to us.

Communication about the Site: As part of the Site and our services, you may receive communications from us. We may send you email, contact you, or engage you in other communication that we determine relates to your use of the Site. If you would like to opt-out of these communications, you may unsubscribe from any emails by sending us your request to privacy@newcube.art or by using the unsubscribe link at the bottom of the email.

Business Transfers: We retain the exclusive right to engage in a merger, acquisition, or sale of any or all of our assets at any time. Should such a sale take place: (1) we will notify you of such a sale to the most recent email address you have provided to us, and (2) you are hereby advised that your PII may be included in that sale of assets, though we do not consider such a transfer to be a “sale” of your PII as that word is generally understood.

Protection of newcube and Others: We may release PII when we believe in good faith that release is necessary to comply with the law; enforce our Terms of Use or other agreements; and to protect the rights, property, or safety of newcube, our employees, our users, and others as situations may arise. This includes but not is not limited to sharing information with third parties to mitigate fraudulent activities on the Site.

IV. Legal Basis for Processing PII

Our legal basis for collecting and using PII as described depends on the personal information in question and the specific context in which it is collected. We will normally collect PII only where we have your consent to do so, and where the PII is necessary for us to perform a service.

We may use all of the PII that we obtain from or about you in order to fulfill our contractual obligations, for legitimate business purposes, or as required:
• to provide our Services to you, including any and all new Services we may develop later;
• to finalize a transaction with you via the inquiry functionality available on the Site;
• to provide you with customer support;
• to facilitate your communications with us;
• to operate, improve, and customize our Services, to develop new Services, and to understand how you use and interact with our Services;
• to promote and maintain a trusted, safer, and more reliable environment, for example, to help detect, prevent or otherwise address fraud, security or technical issues, conduct investigations or risk assessments, or verify actions taken by you or associated with your account;
• to contact you in order to address issues with your use of our Services, send you updates about our Services or policies, or for other purposes permitted by law;
• to comply with our legal obligations, resolve disputes, or enforce our Terms of Use or any other newcube policies or agreements with Users; and
• to perform other functions as described when the information is collected or requested, or for other purposes with your prior consent.

Newcube recognizes the rights of our Users to withdraw consent given to newcube for the collection of their PII at any time.

Newcube will respond to requests made by Users exercising their rights within a reasonable period of time after the individual’s request or within any specific period that may be required by applicable laws. Newcube will handle and investigate complaints made by individuals and will respond to such complaints in a timely manner.

V. COOKIE POLICY

This website uses cookies, web beacons, and similar technologies (such as tracking URLs), which are small files or pieces of text that download to a device when a visitor accesses a website or app. (For more information regarding Vercel’s cookie policy, please visit this link.) These technologies are used to assess how you engage with the Site, our emails, and ads which may be displaced on the Site, as well as to use any data to improve and customize the Site and our marketing. Your web browser may allow you to disable cookies; if you do disable them, you may lose some or all of the functionality on the Site.

Session cookies normally expire when you close your browser, while persistent cookies remain on your device until they expire or are deleted by you. “Web beacons” are pieces of code or pixels embedded in a web page or email to track engagement with and responses to emails, web pages or ads, or to access or communicate with cookies. “Tracking URLs” are special URLs that can be used to track engagement with and responses to emails or web pages.

Opting-Out: Third-party providers may offer you a way to opt-out of receiving cookies from them by visiting their own websites or the websites of industry groups such as the Network Advertising Initiative and the Digital Advertising Alliance. For example, you may opt-out of receiving ad-related cookies from Google through its Ad Settings. If you opt-out of receiving cookies from one of these providers, it may place a cookie on your device to remember your preference. For more information about AdChoice, please visit their website. Accordingly, if you delete cookies, install a new browser, or start using a new device, you may need to repeat the opt-out process. To opt out of receiving any marketing materials, please email us at legal@newcube.art.

VI. Is PII About You Secure?

We endeavor to protect the privacy of your PII that we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. The Site may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read that site’s privacy policy and/or terms of use.

VII. What Choices Do You Have?

You can opt not to disclose information to us, but keep in mind that PII may be required to use and take advantage of our Services, and the supplying of PII is required to contact us via the Site.

If you do not wish to receive email from us, please send an unsubscribe email to legal@newcube.art. Please note that if you do not want to receive legal notices from us, such as this Policy, those legal notices will still govern your use of the Site, and you are responsible for reviewing such legal notices for any changes.

We will retain your data for (i) as long as your account is active; (ii) as long as is necessary to comply with any tax, legal, and/or other regulatory requirements; and (iii) to protect and defend against potential legal claims. By deleting your data from our Site, you understand that you will no longer be able to communicate with us via the Site. We will retain your anonymized, aggregated, depersonalized data after it has been deleted from our Site. If you would like to request the deletion of your PII or request that it be returned to you, contact us at legal@newcube.art.

VIII. Changes to This Privacy Policy

We may amend this Policy from time to time. Use of information we collect now is subject to the Policy in effect at the time such information is used. You are bound by any changes to this Policy when you use the Site after such changes have been first posted.

IX. Questions and Concerns

If you have any questions or concerns regarding this Policy, please send an email to us at privacy@newcube.art.

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