Last updated: May 4, 2023
Please continue reading to understand what information we collect and how we use it.
1. Collection of Personal, Non-identifiable, and Aggregated Information
Personal Information: The types of personal information we collect will depend on the purposes(s) for which we are collecting it. For example, we may ask for:
- First and Last Name;
- Contact details including Email Address, Address, and Telephone Number;
- Date of Birth;
- Demographic Information such as Country and/or Postal Code;
- Your Preferences In Receiving Marketing and Communications from us;
- (If consummating an acquisition with us) Transaction Information and Information we need to comply with our Know Your Customer ("KYC") obligations and other legal or auditing obligations; and
- Any Other Information Requested on this Website or Otherwise Requested By Us Or Provided By You.
Non-identifiable information: This means data that has never been labelled with individual identifiers or from which identifiers have been permanently removed, and by means of which no specific individual can be identified. When you visit our website, we automatically record non-identifiable information that your browser sends. This data may include:
- Your Computer's IP Address;
- Browser Type;
- Webpage you were visiting before you came to our Website;
- The Pages within https://masterdrawingsnewyork.com/ you visit; and
- The Time Spent On Those Pages, Items, And Information Searched On Our Website, Access Times, Dates, And Other Statistics.
Non-identifiable information is collected for analysis and evaluation in order to help us improve our website and the services and products we provide. This data will not be used in association with any other personal information.
We do not collect any Special Categories of Personal Data about you, such as details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, information about your health, or genetic and biometric information.
This website is not intended for children, and we do not knowingly collect data relating to children.
2. How We Collect Your Data
We may collect your information in several ways, including:
A) Directly from you, including, but not limited to, when you:
- Browse our Website;
- Sign our guestbook;
- Attend our events;
- Make an acquisition or sale with us;
- Contact us or give us feedback;
- Interact with us on social media;
- Interact with us directly, in person; or
- Subscribe to our newsletter or otherwise request that marketing material be sent to you.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us. If you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a transaction, such as the acquisition of an artwork.
Kindly note that if you fail to provide personal data when requested in circumstances in which we need to collect personal data by law, or under the terms of a contract we have with you, 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). We will notify you if this is the case.
B) From third parties such as our related entities, businesses, commercial partners, joint-ventures, or acquired companies or assets thereof (see Section 10 below regarding our acquisition of assets from Master Drawings in New York Ltd.).
3. How We Use or Process Your Personal Data
We will only use your personal data when the law allows us to and in order to provide the best possible services to you. Most commonly, we will use your personal data in the following circumstances:
- To respond to communications from you;
- To create and process transaction-related information, such as invoices, transaction records, and agreements for the sale, purchase, or loan of artworks, or the sale of tickets to events and programs;
- To communicate with you about our offers, exhibitions, viewing rooms, events, or other events and services (you may unsubscribe or opt-out at any time by clicking the link in our email footers);
- To perform research and analysis;
- For market research and business development, including development of the Website;
- To deliver personalized content to you;
- For marketing including direct marketing;
- To send you promotional information about third parties that we think may be of interest to you;
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
- To comply with laws and regulations or to comply with any directions given by regulators or other authorities.
4. Disclosure of Personal Information to Third Parties
We may disclose your personal information to third parties to:
- Conduct market research and marketing strategy analysis.
- Assist us in providing products and services you have requested, such as to delivery-service providers and art storage facilities;
- Service providers based in the United States that provide IT or system administration services;
- Professional advisers, including attorneys, bankers, auditors, and insurers, based in the United States, that provide consultancy, legal, banking, accounting, and/or insurance services;
- Credit reporting agencies and courts, tribunals, and regulatory authorities where customers fail to pay for goods or services provided by us to them;
- Courts, tribunals, regulatory authorities and law enforcement offices as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights, or demonstrate our compliance with our legal obligations relating to, for example, KYC and anti-money laundering; and
If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer, to the extent permitted by law, our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. If you wish that we delete such personal information, please contact us.
5. Controller and Contact Details
Master Drawings New York LLC d/b/a MDNY Art Fair LLC
1046 Madison Avenue, Suite 2n
New York, NY 10075
Office: +1 212 249 2118
If you are a resident of the UK or a country within the European Union, you may have a right to make a complaint, at any time, to the Information Commissioner's Office ("ICO"), which is the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the opportunity to address and resolve your concerns before you approach the ICO. Therefore, please contact us in the first instance.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
7. How to Access or Correct Your Personal Information
You may ask us in writing to provide you with details of the personal information we hold about you. We will endeavor to process your request as soon as possible.
You have the right to make requests regarding your personal information. You can:
- Review the personal information we have about you or request a copy of it;
- Ask us to update or correct personal information if it is inaccurate;
- Request that we delete your personal information;
- Opt-out of sharing your personal information with third parties for some purposes, including sharing that may be defined as a sale under applicable laws;
- Object to certain types of uses of your personal information; and
- Make choices about receiving email marketing.
We use "cookies" when you visit our website. It is a technology that enables us to personalize our Services to you and track the patterns of behavior of visitors to our Website.
By using our Website, you agree to our placing cookies on your device and accessing them when you visit the website in the future. You can modify the settings on your device to prevent cookie use. Please note that by disabling cookies, your user experience may be affected and you might not be able to take advantage of certain functions.
There are three main types of cookies - here's how and why we use them:
- Analytics Cookies: These cookies allow us to measure and analyze how our customers use the website, to improve both its functionality and your browsing experience.
- Customer Preference Cookies: When you are browsing, these cookies will remember your preferences (such as your language or location), so we can make your experience as seamless as possible, and more personal to you.
- Targeting Or Advertising Cookies: These cookies are used to deliver marketing and advertising materials that are relevant to you.
9. Residents of California Have Additional Rights:
A) Shine the Light | California Civil Code Section 1798.83 permits customers of Master Drawings New York LLC who are California residents to request certain information regarding and/or opt-out of our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at the following address:
Master Drawings New York LLC d/b/a MDNY Art Fair LLC
1046 Madison Avenue, Suite 2n
New York, NY 10075
B) California Consumer Privacy Act ("CCPA"): California residents may request copies of the data collected about them in the past 12 months through the process described directly above. The following portions of this subsection describe the categories of personal information we collect, our methods of collection, the business or commercial purpose for collection, and categories of third parties we disclose information to. You can download a copy of this policy any time by printing/saving this webpage as a PDF. You may submit a request for access or deletion of your personal information through an authorized agent by following the process described in the preceding subsection above; however, we will require you to verify your own identity.
Based on the CCPA's broad definition of "sale," data collected on our sites and applications by third parties for purposes of interest-based advertising and social media tools may be a "sale" under the CCPA, with the exception that data is not currently collected for these purposes on www.masterdrawingsnewyork.com. We offer all consumers the ability to opt out of the sale of their personal information that is available to California residents under the CCPA. You or an authorized agent acting on your behalf can also send your request to opt out to us at the address in subsection A above.
10. Residents of the UK and EU Nations Have Additional Rights:
Where we have acquired your information by purchasing the assets of a UK company, namely, Master Drawings In New York Ltd., residents of the UK and the EU have additional rights, by way of the UK Data Protection Act 2018 and the EU's General Data Protection Regulation.
A) Levels of Personal Information
The levels of personal information we have imported and processed include your name (first and last name), e-mail address, date(s) that you opted-in to receive communications or marketing material and later confirmed your subscription, your region and time zone, and the date (if applicable) that you last changed your marketing preferences.
B) Bases on Which We Rely to Process Your Information
The type of lawful basis on which we rely to process your information is known as the "legitimate interest" basis. This means the interest of our business in conducting and
managing our business to enable us to provide our services and give you the best and
most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal
data for our legitimate interests. We do not use your personal data for activities in which our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
We may also process your information while performing a contract (i.e., processing your data when it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract) and to comply with a legal obligation (i.e., this means processing your personal data
when it is necessary for compliance with a legal obligation to which we are subject).
C) Your Legal Rights
You have the right to:
- 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.
- Request correction of the personal data that we hold about you. This enables you to correct any incomplete or inaccurate data we hold about you, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or
- remove personal data where there is no good reason for us to continue 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 (see next paragraph), 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.
- 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 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 when 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.
- 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: (a) If you want us to establish the data's accuracy; (b) Where our use of the data is unlawful but you do not want us to erase it; (c) 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; (d) You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- 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. If you wish to exercise any of the rights set out above, please contact us.
Again, you have a right to request a copy of your data (to review and update it), as well as the right to have your data deleted. You also have the right to withdraw your consent to mailings/notifications at any time, by clicking the link in our email footer, or by contacting us at email@example.com
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.
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 several requests. In this case, we will notify you and keep you updated.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). We may charge a reasonable fee, however, if your request is clearly unfounded, repetitive, or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
D) Data Retention
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes for which it was collected, 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.
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 unauthorized 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.
In some circumstances, you can ask us to delete your data (see your legal rights at Section 10.C above, for further information).
In some circumstances, we will anonymize 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.
E) Data Security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will promptly notify you and any applicable regulator of a breach where we are legally required to do so.
11. Change of Purpose
We will only use your personal data for the purposes for which it was collected, 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 receive 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 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.