We, Vortic Limited (referred to as we, our or us ) are committed to protecting your privacy and personal information. This privacy notice provides information on how we collect and process your personal data when you use our Vortic Collect and the Vortic VR apps (together our App or Apps ) or platform ( Platform ), visit our website ( vorticxr.com ), contact us or have a relationship with us.
This privacy notice was last updated on 12 May 2020 and may be updated over time. You are recommended to check it regularly for possible changes.
1. Who we are
We are an application and platform company based in London, UK. We have developed theVorticXR App to bring you the highest quality extended reality digital viewing of artwork from galleries around the world. We are the controller (ie we make decisions about how your personal information is used) when you register for our Apps, use our Platform or our website and when we have a direct relationship with you.
We have appointed a data privacy manager. If you have any questions about this privacy notice or our data protection practices, please contact our data privacy manager on firstname.lastname@example.org.
This privacy notice does not apply to the products or services offered by our gallery partners, artists, social media platforms or other websites which we link to and we are not responsible for the processing of your personal data by or through these websites or applications. You are recommended to consider the privacy notices (if any) available from these parties to understand how these organisations use your personal data.
2. The data we collect about you
We may collect, use, store and transfer personal data about you, if you:
● use our Apps (App Users);
● if you are or represent a gallery and/or an artist to provide content for our Platform (Platform Users);
● access our website or communicate with us through it; or
● if you otherwise connect or have a relationship with us.
We collect, use and store the following information when you use our Apps:
● information that can identify you, such as your name and username when you register for an App;
● contact details, including your email and phone number.
We may also obtain and use:
● technical data;
● analytical and usage data; and
● information on your personal preferences (including which galleries, exhibitions or artworks you might chose as your favourites);
● information from social media platforms, such as Facebook, Twitter and Instagram when you connect with us;
● payment details, if you purchase a service or products from or through us; and
● any other personal information that you may provide to us or we may require in order to deal with your enquiry.
You may be set up and invited to join the Apps by a gallery who will provide your name and contact details into our Platform and you will then receive a link and password to your email address inviting you to join the App. You may then be able to access exclusive content and exhibitions on our App. We work closely with our gallery partners to ensure we both ensure that your data is safe and we can each comply with our data protection obligations. If you have been invited by a gallery to join an App in the first place, please get in touch with them to update your personal details. If you have any other queries, we will work together with our gallery partners to respond to you.
When you use our Platform as, or on behalf of, a gallery or artist, you will normally provide us with information about your identity and contact details, which may also include your address and social media accounts (if this might be personal data).
Where you provide information about third parties into the Platform (including collectors, other contacts that you invite to an App and information on artists, which you include in the Platform), please ensure that any personal information on these individuals is accurate and up to date and is provided to us with their knowledge and consent (as required under our contract with you and/or by applicable law) and with their knowledge of how we will use their information.
Our gallery partners may provide information on you and we provide this information in the Platform, and via our Apps, on their behalf. Unless you register with us and are an App User or Platform User or if you have a direct relationship with us, the gallery is responsible for, and is able to manage your personal information, not us.
3. How we use your personal data
We use your personal data for the purposes for which we collected it which include the following:
● to register you as a user of our Apps (to set you up with a contract with us);
● to provide you with our Apps and access to artwork in extended reality (in public and private galleries, depending on whether you have registered with us) (in performance of our contract with you);
● to manage your relationship with us, including to provide you with service updates, support or to ask you for feedback or a review on our Apps or service (in performance of our contract with you and for our legitimate interests in ensuring you are able to optimise use of our Apps and Platform);
● to analyse and improve our Apps, Platform, website, services and user relationships (either for performance of our contract or for our legitimate interests in reviewing how people use our Apps, Platform or website and to improve our Apps and services);
● to recommend exhibitions, events and our similar products or services which may be of interest to you, when you opt-into receiving these notifications (with your consent, described below);
● to enforce or defend any legal obligation or rights or to comply with any legal obligation.
When you are a registered user of one of our Apps, we may send you information about other exhibitions, events and our services where you have consented to this, depending on your preferences.
You may also receive notifications through the Apps, if you agree to this when you obtain and first use the App. You may set your preferences in the Account Settings section.
You may opt-out of these messages at any time through the preferences available in the Apps, via an unsubscribe option available in the email or by contacting email@example.com. Please note we will continue to send you service messages and support you if you ask for us to do so.
We value your views on our Apps, Platform or service. Where you provide us with feedback, we may share your feedback in our marketing messages, if you consent for us to do so.
How we use technical information and analytics
We (and our gallery partners) are able to see when you have accepted an invite to register for the Apps and have joined a gallery or exhibition and we may both be able to see which galleries, exhibitions and artists you choose as your favourites.
We use data analytics to analyse and research how our Apps are used (by registered users and guests) and to evaluate the use of our Apps, which might include login and session times, which exhibitions, artists, artworks and galleries are viewed and how long for and other page views and navigation.
Where you are our contact at a gallery or are registered as a user of our Platform (as an admin user), we will collect and use your personal information when you enquire about our Platform, Apps and service, when you sign up as a customer and download and use our Platform.
We use your personal information for the following reasons:
● to respond to your enquiries, including to demonstrate our Platform;
● to register you as a customer of our Platform to enable you to access and use our software (to set you up with a contract with us);
● to provide you with our Platform and to enable you to showcase artwork shown by your gallery in extended reality (in public and private exhibitions) (in performance of our contract with you);
● to manage your relationship with us, including to provide you with service updates, support or asking you for feedback or a review on our Apps, Platform or service (in performance of our contract with you and for our legitimate interests in ensuring you are able to optimise use of our Platform and service);
● to enforce or defend any legal obligation or rights or to comply with any legal obligation, including for payment and tax reasons.
We may use your personal information as an App User where you register with us or as a Platform User, if you use our Platform to run your own exhibitions.
Keeping Platform Users and Artists Informed
Where you contact us or we have a direct relationship with you as our contact at a gallery or an artist, we may also keep in touch with you about our developments, services and opportunities, which we think you may be interested in, unless you tell us that you prefer not to receive these. We believe that is what you might expect and that such use is within our and your legitimate interests. You may opt out of receiving these messages at any time. Please note we will continue to provide you with service updates and support.
Our legitimate interests: Where we rely on our legitimate interests in using personal data, we consider our interests in conducting, managing and developing our business to enable us to give you the best service. We consider and balance any potential impact on you and your rights and ensure that this use is fair, proportionate and in line with what you might expect and is unlikely to unfairly affect your rights and interests.
4. How we share your personal data
We may share your personal data with our gallery partners to provide you with the best service when using the Apps. Where possible, the information shared with galleries about usage of the Apps will be on an anonymous basis.
We use third parties to process some of your personal data on our behalf. When we allow them access to your data, we do not permit them to use it for their own purposes. We have in place with each processor, a contract that requires them only to process the data on our instructions and to take proper care in using it. They are not permitted to keep the data after our relationship with them has ended, unless required by law.
If you connect or communicate with us using social media, for example, Instagram, Twitter or Facebook, your personal information will be shared with us and the social media platform.
We may be able to communicate with you using that platform (for the reasons explained above) but we are not otherwise responsible for the ways in which these platforms might use your personal data. Please look at the privacy notices and preference centres available on these platforms to understand how your personal data is used and what options you might
have in respect of it.
We use the following service providers:
● Amazon Web Services – to provide hosting services;
● Twilio SendGrid – to send emails;
● Google Analytics – to provide data analytics on how the Apps, Platform and website are used;
● authorised contractors and third party companies involved in the development, build, operation and optimisation of our Apps, Platform and Website;
● authorised third party companies involved in processing of information generated by use of the Apps, for example, to manage our communications;
● authorised service providers to provide maintenance and support, including customer support;
● other service providers which may be used from time to time. We will update this page with details of any major service providers (or categories of service providers) who may have access to personal information.
5. International transfers
We may transfer, store and process your personal data to our offices, gallery partners and service providers outside the UK or European Economic Area. If we do so, we ensure that your personal data is transferred in a way so that it is safeguarded and treated in accordance with comparable legal standards as we have in the UK.
6. Data security
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. In addition, we limit access to your personal information to those employees, agents, contractors and other service providers who have a business need to know and they are contractually obliged to keep this information confidential.
We also endeavour to take reasonable steps to protect personal data from external threats, for example hacking or malicious software. Please be aware that there are always risks in sending personal information over public networks and that we cannot guarantee the security of data sent to us using these networks.
We have procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when it is appropriate for us to do so.
7. Data retention
We only retain information that identifies you for the duration of time when you are registered with or use the Apps, for as long as we have a relationship with you, as is necessary for us to perform our obligations to you to enforce or defend any legal claims or as is required by applicable law.
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.
By law we have to keep basic information about our App Users and customers (including information about your identity, contact details and any transaction and payment details) for six years after you end your contract or relationship with us, which may include for tax purposes.
If we no longer need your personal information, it will be securely disposed of or anonymised.
8. Your data protection rights
You have rights to access the information that we hold on you, correct it and (in certain circumstances) to ask us to limit or stop processing or delete that information or to transfer that information to you or another provider.
Under data protection law, you have rights including:
Your right of access – You have the right to ask us for copies of your personal information.
Your right to rectification – You have the right to ask us to correct information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
Your right to erasure – You have the right to ask us to erase your personal information in certain circumstances.
Your right to restriction of processing – You have the right to ask us to restrict the processing of your information in certain circumstances.
Your right to object to processing – You have the right to object to the processing of your personal data in certain circumstances.
Your right to data portability – You have the right to ask that we transfer the information you gave us to another organisation, or to you, in certain circumstances.
You are not normally required to pay a fee to exercise your rights. If you make a request, we will try to respond to you within one month. It may take longer if your request is complex or if you have made a number of requests. If this is the case, we will let you know and keep you
Please contact us at firstname.lastname@example.org if you wish to make a request.
9. Further details and how to contact us
This privacy notice is drafted to comply with our obligations under the UK data protection legislation and/or the GDPR. If you are located elsewhere in the world, local laws may apply.
If you have any further questions, comments or if you have any complaints, please contact our data privacy manager as detailed below. If we are unable to answer your question or satisfy your request, you have the right to make a complaint at any time to the Information Commissioner’s Office, the UK supervisory authority for data protection issues
( www.ico.org.uk ).
Our contact details are: Vortic Limited, 145 City Road, London, EC1V 1AZ
Data privacy manager: Nick Walter
Email address: email@example.com
We use identifiers which are small text files which may be transferred to your device when you use our Apps, Platform or website. On our website, these are often called cookies.
On our Apps and Platform, we use identifiers to:
● recognise you so you do not need to log in again;
● help us understand how the Apps are used so we can share this information with our gallery partners and we can make them better;
● help us understand how the Platform is used so we can manage our account with galleries, support you and improve and develop our Platform and Apps; and
● remember your favourites, preferences and settings.
The types of identifiers we may use include:
On our Apps: to understand when App Users have received invitations to join an App and are able to access and register with us and so we can understand how you use the App, which might include login and session times, which exhibitions, artists, artworks and galleries are viewed and how long for and to remember your favourites and other page views and navigation and if you might wish to inquire about artwork to receive more information.
On the Platform: to ensure Platform Users are able to register and log in correctly and to understand the use of the Platforms by galleries including the creation of artist, gallery and exhibition pages and the uploading and management of art works. We believe this is necessary for use of our Platform so we can provide you with our services and support you
and provide you with feedback on how the Apps and the Platform is used. This is also helpful for us and you to improve our Apps, Platform and services.
On our website, we may use the following cookies:
● Strictly necessary cookies. These are cookies that are required for the operation of our website, for example when you navigate our website and set up and register for our Platform.
● Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
● Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
● Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
We use Google and other providers to help provide data analytics and you can see more information on how data is used by Google: www.google.com/policies/privacy/partners/
You can set your preferences for the use of these identifiers and cookies in the settings of our Apps and the Platform and/or via the available settings within Google and/or your browser.