52 Walker Street LLC ("52 Walker", "us" and "we") is strongly committed to protecting the privacy of individuals who visit our website at www.52Walker.com (the "Website"). This Privacy Policy, which is part of our Terms of Use, describes the information we collect, how we use and share it, and how you can make choices about our use of that information.
While we are based in the United States, we and/or our affiliates (David Zwirner, Inc, David Zwirner Gallery LLC, URE Limited, David Zwirner Ltd, David Zwirner Books, LLC, DZGI LLC, David Zwirner Paris, David Zwirner Digital, LLC, Utopia Editions LLC together, "Affiliates"),do business and operate throughout the world as an international art gallery and representing artists (our "Services"). We may therefore collect and use personal information of individuals in other jurisdictions. Please note that there are certain aspects of this Privacy Policy which only apply when we are required to comply with some jurisdiction-specific laws, for example the EU General Data Protection Regulation ("GDPR"), the United Kingdom General Data Protection Regulation ("UK-GDPR"), or the California Consumer Protection Act ("CCPA").
Where the GDPR and UK-GDPR apply, 52 Walker or our Affiliates may be data controllers of your personal information and such information may be shared internally between us and our Affiliates to achieve the purposes set out below.
Please note that this Privacy Policy may be amended from time to time, so please check back regularly. By using the Website or our Services after we have posted an updated Privacy Policy, you agree to that updated Privacy Policy.
Information We Collect
How We Use Your Information
How We Share Your Information
Third-Party Websites
Communications and Marketing
Information for UK and EU Residents Subject to the GDPR or UK-GDPR
Social Media
Record Retention
Security
Location of Services and Transfer of Information
Your Choices Regarding Our Use of Personal Information
Children
Changes to This Policy
Information for California Residents Subject to the California Consumer Privacy Act
Contact Us
By using the Website or our Services, you consent to our collection, use, and sharing of information as described in this Privacy Policy.
1. Information We Collect
Information You Provide Us
You may browse the Website without registering or submitting any personally identifiable information ("Personal Information") to us. We collect Personal Information, such as your name, email address, telephone number, mailing address, payment information (including your credit card number and bank account details), and other information, when you voluntarily provide it to us. Below are the most common ways in which you would provide your Personal Information:
When you sign up to receive email newsletters on the Website
When you use our Services
When you order a product from the Website
When you apply for a membership to our Library
When you contact us to request assistance or other information
In conjunction with our Website or Services where you knowingly volunteer Personal Information
If you use our Services, we may also collect information such as artwork information, artworks owned, requested, offered, reserved, purchased, consigned and the details of artwork invoices.
Information Automatically Collected
We may also collect information about users when you interact with the Website. This includes the IP address of the device you use to access the Website, the browser type, the time and date of visits to the Website, and the website that referred or linked you to the Website. We may use this information to analyze how visitors use our Website so we can improve the quality of the products, services, and information we provide.
We or our Service Providers (as defined below) may collect some of this information through cookies, web beacons, pixel tags, clear gifs or similar technologies. These technologies are used for anonymous tracking across a web session on the Website.
The Website uses Google Analytics, a third-party website analytics tool that collects automated information about visitor traffic. The information collected by Google Analytics is transmitted to and stored by Google and is subject to Google's privacy policies. You can learn more about how to opt out of Google Analytics here.
We do not use information automatically collected by the Website to identify visitors individually except in circumstances where we may deem it necessary in connection with legal process or to protect our rights or the rights of a third party as further described below.
Cookies
Web cookies are small files that are placed on your computer or mobile device by a website when you visit it. They contain details of your browsing history on that website and distinguish you from other users. Cookies send data back to the originating website on each subsequent visit or allow another website to recognize the cookie. Cookies are useful because they allow a website to recognize a user's device and, for instance, remember your preferences and generally improve your online user experience. Like most websites, the Website use cookies and other tracking technologies as described above.
You can find out more about cookies here.
You are not required to accept cookies from the Website. Your web browser allows you to disable the cookies function or delete existing cookies. However, if you disable cookies, you may not be able to access certain features on the Website.
2. How We Use Your Information
We or our third-party services providers ("Service Providers") may use your Personal Information for the following purposes:
Providing Services to you as a prospective or existing client
Processing purchases including any shipping details for delivery of goods
Providing Services to you as an artist or prospective artist of 52 Walker
To send you correspondence if you requested to be added to our mailing list
To respond to inquiries from you and communicate with you
To ensure and improve the quality of our Website
To notify you about substantive changes to our privacy practices
To detect, investigate, and protect against any activities that may violate our policies or the law and to establish, defend against, or enforce any related claims
3. How We Share Your Information
We do not rent or sell your Personal Information to any third parties.
We may share your Personal Information with our Affiliates or third party suppliers that help us operate and provide products, services and information in connection with the Website, or for the performance of delivering our Service under the contract between you and 52 Walker, including processing payments and delivering artwork to you in accordance with your instructions. Our third party suppliers will have their own processing terms.
We may use independent contractors or consultants to perform services for 52 Walker. These individuals and entities may have access to Personal Information only as needed to perform their functions and are contractually obligated to maintain the confidentiality of any Personal Information collected from the Website.
We may also use a third party payment Services provider to process payment for our Services, Stripe (a PCI Service Provider Level 1 certified platform), who will store, collect and process your payment details over SSL (Secure Sockets Layer). When using Stripe, our servers will not have access to your sensitive payment details.
We also reserve the right to disclose and use Personal Information and other information in special circumstances, including to enforce this Privacy Policy or any other part of our Terms, to comply with legal process or law enforcement, to address actual or suspected illegal activity, to protect our property or rights, to protect the rights and safety of anyone, or for other reasons we determine in good faith are necessary, appropriate, or required by law. If we ever merge with, are acquired by, or otherwise consolidate with another entity, Personal Information may be transferred along with our other assets.
4. Third-Party Web Sites
The Website may contain links to third-party websites ("Third-Party Sites"). Third-Party Sites may collect information about you when you interact with them through links on our Website. If you follow any link to a Third-Party Site, you should review those websites' privacy policies to find out how they protect your privacy. We are not responsible for Third-Party Sites or their privacy practices.
5. Communications and Marketing
We may use your Personal Information and other information to provide you with communications and information and updates about publications, events, programs, and other activities which we consider may be of interest to you.
We may also disclose your name and contact information to our Affiliates who provide similar services, to enable them to communicate with you.
In some jurisdictions, such as EU member states, where such communications are direct marketing there are restrictions on how we can do this. Where we contact you with such marketing via email, we will do so where you have requested the same or where you have consented or where we are otherwise allowed to do so by the applicable data privacy law of the jurisdiction in which you are based.
You can always request not to receive communications from us by email at [email protected]. Alternately, you can opt out of receiving direct marketing emails from us at any time by clicking the "unsubscribe" link at the bottom of our emails.
6. Information for UK and EU Residents Subject to the GDPR or UK-GDPR
The Lawful Bases for Processing Personal Information
In order to comply with applicable data protection laws, in particular the GDPR and UK-GDPR, we are required to rely on one or more lawful bases for the processing of your Personal Information. In accordance with the purposes for which we collect and use your Personal Information, as set out above, the lawful basis for processing your Personal Information will typically be one of the following:
Where you have provided your consent for us to use your Personal Information in a certain way (for example, we may ask for your consent to email you with our newsletter and information and updates about publications, events, programs, and other activities which we consider may be of interest to you).
Where necessary so that we can comply with a legal obligation to which we are subject (for example, where we are obliged to share your Personal Information with regulatory bodies that govern our activities).
Where necessary for the performance of a contract to which you are a party or to take steps at your request prior to entering a contract.
Where there is a legitimate interest in us doing so. In brief, the GDPR allows us to collect and use your Personal Information if it is reasonably necessary to achieve our or others' legitimate interests (as long as that processing is fair, balanced and does not unduly impact your rights). In broad terms, our "legitimate interests" means the running of our operations and the publishing and sale of our publications. Where we use your Personal Information to achieve such legitimate interests, we consider and balance any potential impact on you (both positive and negative), and your rights under applicable data protection laws. We will not use your Personal Information for activities where our interests are overridden by the impact on you, for example where use would be excessively intrusive in the circumstances (unless, for example, we are otherwise required to by law).
Your Rights with Respect to Personal Information
Persons located in the EU and UK may have certain rights in relation to their Personal Information under the GDPR. Persons in other jurisdictions may also have certain rights in relation to their Personal Information. We will honor your requests to exercise the following rights to the extent possible and as required under the applicable law:
Right to rectification. If you believe our records of your Personal Information are inaccurate or out of date, you have the right to ask for those records to be corrected / updated. You can also ask us to check the Personal Information we hold about you to check whether it is accurate / up to date.
Right to withdraw consent. Where we rely on your consent to use your Personal Information, you have the right to withdraw that consent at any time. This includes the right to ask us to stop using your Personal Information for marketing purposes, or to unsubscribe from our email list at any time.
Right of access. You can write to us to ask for confirmation of what Personal Information we hold on you and to request a copy of that Personal Information. Provided we are satisfied that you are entitled to see the Personal Information requested and, where reasonably required, we have successfully confirmed your identity, we will provide you with your Personal Information subject to any exemptions which may apply.
Right to object. You have the right to object to processing where we are (i) processing your Personal Information in reliance on the lawful basis of legitimate interests (see section above), (ii) using your Personal Information for direct marketing, or (iii) using your Personal Information for statistical purposes.
Right to erasure. You may request that we erase your personal data. We will comply, unless there is a lawful reason for not doing so. In many cases, we shall use limited Personal Information to suppress further communications with you, rather than delete it entirely, so that we can comply with your preferences.
Right to restrict. You have the right to ask for processing of your Personal Information to be restricted if there is disagreement about its accuracy or legitimate use.
Right to data portability. To the extent required by the GDPR, where we are processing your Personal Information (that you have provided to us) either (i) by relying on your consent or (ii) because such processing is necessary for the performance of a contract to which you are a party or to take steps at your request prior to entering into a contract, and in either case we are processing using automated means (i.e. with no human involvement), you may ask us to provide the Personal Information to you – or another service provider – in a commonly used machine-readable format.
Rights related to automated decision-making. You have the right not to be subject to a decision based solely on automated processing of your Personal Information which produces legal effects on you or similarly significantly affects you, unless such a decision (i) is necessary to enter into / perform a contract between you and us / another organization; (ii) is authorised by the EU or an EU member state law to which 52 Walker is subject (as long as that law offers you sufficient protection); or (iii) is based on your explicit consent.
Right to lodge a complaint with your local data protection authority. For individuals based in the EU, you also have the right to lodge a complaint with your local data protection authority about how we use your Personal Information. A list of the data protection authorities in each member state, including their contact details, can be found here. For further information, please contact us using the details below.
7. Social Media
The Website links to certain Third-Party Sites (like Instagram, Twitter, and Facebook) to provide information about us and our products and services (those websites, "Social Media Services"). When you follow, like, comment, or otherwise engage with us through these Social Media Services, we see the Personal Information that the Social Media Service generally makes available about its users (that information, "Social Media Information"). You should review the privacy policies of Social Media Services you interact with for more information on how it collects, uses, and shares Personal Information, including Social Media Information that may be provided to us.
8. Record Retention
We will keep your Personal Information for as long as we need it, or as otherwise prescribed by law, for the purposes set out in this Privacy Policy.
If you request to receive no further contact from us, we will keep some basic personal information about you on our suppression list in order to comply with your request and avoid sending you unwanted communications in the future.
9. Security
We use reasonable efforts to safeguard your Personal Information. All traffic on the Website is encrypted with an SSL/TSL Certificate, including transmission of Personal Information to the Website. In order to further insure your privacy, we ask that you do not send any credit card information via email. Of course, no transmission over the Internet can be guaranteed to be 100% secure, so you provide your Personal Information at your own risk.
10. Location of Servers and Transfer of Information
Information collected through the Website will be accessed and processed in the United States. In addition, your Personal Information may be transferred outside the United States by our Affiliates or Service Providers with locations in other countries. By using the Website and providing your Personal Information to us, you consent to this transfer and to the collection, storage, processing and use of your Personal Information both within and outside of the United States.
Certain countries have rules relating to the transfer of Personal Information across borders and require us to ensure that Personal Information remains protected according to appropriate standards (for example, EU member states under the GDPR).
When necessary, we will take all reasonable steps to ensure that we and other recipients of your Personal Information implement appropriate safeguards (such as by entering into contractual clauses obliging us / such recipients to take steps to protect your Personal Information) designed to protect your Personal Information and to ensure that your Personal Information is treated securely and in accordance with this Policy. If you have any questions about the transfer of your Personal Information, please contact us using the details below.
11. Your Choices Regarding Our Use of Your Personal Information
If you wish to review, update, correct, or remove the information we have for you, please email [email protected].
If you no longer wish to receive communications from us, you can also unsubscribe by clicking on the "unsubscribe" button in any email communication you receive from us.
Some browsers have incorporated Do Not Track ("DNT") preferences. As there is not yet an industry-standard DNT protocol on how to interpret DNT signals, we do not honor DNT signals from browsers at this time. However, you may refuse or delete cookies to prevent some tracking activities.
12. 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 [email protected]. We will delete such information from our files within a reasonable time.
13. Changes to this Privacy Policy
We reserve the right to modify this Privacy Policy from time to time without notice to you. If we make substantial material changes to our Privacy Policy, we will notify you. We may update this Privacy Policy by posting a new version on this webpage.
14. Information for California Residents Subject to the California Consumer Privacy Act
The CCPA provides California residents with certain rights regarding their Personal Information.
This section provides 52 Walker's privacy notice for California residents. It supplements the Privacy Policy set forth above.
The Personal Information We Collect
During the preceding 12 months, through the Website and other sources, 52 Walker may have collected the categories of information about California residents (including, for example current and former customers) detailed in our Privacy Policy. That collection may have included the following information as set forth in the CCPA:
Identifiers and certain "Personal Information" as defined in California Civil Code section 1798.80, subsection (e);
Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other information regarding a consumer's interaction with the Website;
Internet or similar network activity; and
Geolocation data.
Purpose of Collecting Consumer Information – How We Use It
52 Walker uses the information it collects about California residents for the reasons and pursuant to the terms detailed in our Privacy Policy under the headings, "How We Use Your Information" and "How We Share Your Information." Please read those sections of the Privacy Policy carefully.
How California Residents Can Exercise Their Rights Under the CCPA
California residents have the right to (1) learn about the categories and particular personal information 52 Walker has collected about them; (2) obtain a copy of their personal information that 52 Walker has collected; and (3) ask 52 Walker to delete their personal information. This section explains how to exercise those rights.
Requests for Access To Information Collected About You By 52 Walker
If you would like to make a request that 52 Walker disclose to you information about our collection or use of your Personal Information, you can email us at [email protected]. Please note, 52 Walker may need to obtain specific information from you to confirm your identity and to ensure that you have the right to access information and exercise certain rights under the CCPA. As a result, a 52 Walker representative may contact you to request additional information to verify your identity.
Disclosure of Information
Once your identity is verified, 52 Walker will disclose to you the Personal Information you have requested, including:
The categories of Personal Information about you 52 Walker has collected;
The specific pieces of Personal Information about you 52 Walker has collected;
The categories of sources from which 52 Walker collected your Personal Information;
52 Walker's business or commercial purpose(s) for collecting your Personal Information;
The categories of third parties with whom 52 Walker shared your Personal Information; and
If we disclosed Personal Information about you for a business purpose, the categories of information that each category of recipient received.
Deletion of Information
Once your identity is verified, you can request 52 Walker to delete the Personal Information we have collected from you. There are certain exceptions and 52 Walker reserves the right to deny your request if retaining the information is necessary for 52 Walker or our Service Providers to:
Complete the transaction for which we collected your information, provide a service requested by you, continue the ongoing business relationship with you within the reasonably anticipated context of that relationship, or perform a contract between you and 52 Walker;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity;
Debug to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another California resident to exercise his or her right of free speech, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act;
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws;
Enable solely internal uses that are reasonably aligned with the expectations of you based on your relationship with us;
Comply with legal obligations;
Otherwise use your information, internally, in a lawful manner that is compatible with the context in which you provided the information; or
Provide employment and related benefits.
California Residents' Right to Opt Out or Opt In
California residents have the right to opt out of having their Personal Information sold to third parties. We do not currently sell your information and we have not done so in the preceding 12 months. As described above, we may share your Personal Information with our Affiliates, our Service Providers, and our contractors.
Appointment of Agent to Assist You
You have the right to appoint an agent to make requests under the CCPA to obtain or delete information about you. Such authorization must be done in writing and 52 Walker may deny a request if the agent does not submit sufficient proof that you authorized the agent to act on your behalf.
California Residents' Right of Non-Discrimination
52 Walker may not discriminate against a California resident because the resident exercised rights under the CCPA, including, but not limited to, by:
Denying you goods or services;
Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
Providing you a different level or quality of goods or services; or
Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
15. Contact Us
For any questions you may have about this Privacy Policy or our data practices contact us via email at [email protected].
Updated November 2022