It also tells you about your privacy rights and how the law protects you.
This website is not intended for children and we do not knowingly collect data relating to children.
1. WHO WE ARE
Our website address is: https://www.virtualartstudio.net and our legal name is D. Prada Investments Ltd. This is an online shop dedicated to sell and support emerging artists. We are located in Texas and we are representing just a bunch or artists. We have original and unique pieces from emerging artists. You can get the original canvas, signed printed copies (museum quality archival paper) or clothing. We appreciate your support.
Virtual Art Studio is the data controller responsible for this website and the handling of your personal data.
Our full company details are: D. Prada Investments Ltd. (registered in Texas US).
Registered office address: 5230 Randwick Trail, Frisco, Texas 75036, USA
Correspondence address: 5230 Randwick Trail, Frisco, Texas 75036, USA
You can also contact us through our customer contact page.
We may need to update this Policy at any time and without notice and where we do this we will notify you by including pop up boxes on the website and/or emailing our customers.
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.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, last name, username and ID, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone number.
- Financial Data includes payment card details and bank account (if you are a Seller). We do not store or process your card details ourselves, they are processed and stored via one of our contracted third party service providers. We encrypt your payment card details in your browser and securely transfer this data to our relevant third party payment provider to process a payment.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us or our Sellers.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Profile Data includes your username and password, purchases or orders made by you, your interests, artists / artworks / users you like / follow / dislike, preferences, a link to your Facebook account if you register using Facebook Connect, feedback and survey responses.
- Messaging Data includes messages sent to or received from Sellers and our staff, including use of our Make an Offer and Commission an Artist features.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- Seller Application Data includes any details provided when applying to become a Seller.
- Seller Profile Data includes any details provided by a Seller about themselves, their artists, and their artworks in order to sell through our site.
We do not ordinarily collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. If you use any of these types of personal data when using any of the website’s features (including messaging system), in your public artist or user bio or when selling artworks through our online shop, we will not be able to tell. We will treat all the personal data included in your user or artist profile or artwork listings as ordinary personal data
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, 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). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity Data, Contact Data, Transaction Data, Profile Data, Financial Data and Marketing and Communications Data by using our website, filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- purchase a product or service (including gift cards) through our website;
- create an account on our website;
- request marketing to be sent to you;
- use features of our website such as favouriting and following, or messaging our Sellers;
- apply to become a Seller;
- create or update your online store in our site;
- enter a competition, promotion or survey; or
- give us some feedback.
- Automated technologies or interactions. As you interact with our website, we may automatically collect Usage Data and Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
4. THIRD PARTY SOURCES OF DATA AND SHARING DATA
We also collect and share data as described below:
- Sellers (Artists and Galleries) – when you place an order for an artwork, we share your information with the relevant seller(s) on our marketplace (“Seller”) and the framer (“Framer” – if you order a custom frame) so that they can process and deliver your order.
- Cloud storage providers – we use cloud computing platforms that securely store all of our data, including customer details.
- Email service providers – in order to send you marketing content and transactional emails, we share your details with our email service providers.
- Analytics tools – we use analytics tools to track the way that users interact with our website
- Profiling tools – we use profiling tools to understand how you engage with our website and show you content we think will be most relevant to you, based on our understanding of your interests and preferences.
- Payment providers – in order to facilitate any payments made on our site, we facilitate the sharing of your Financial Data with payment providers.
- Delivery providers – in order to package and mail your orders to you, it is necessary to share your information with delivery providers.
- Marketing and insights providers – marketing and insights tools allow us to understand our customers better so that we may provide you with the best possible website, products and customer service experience. We may share certain information about our customers to facilitate this process.
- Customer service platforms – when you interact with our customer service team, your details are shared with our customer service platform providers.
- Feedback forms – when you make a purchase, we engage a third party to send out feedback forms on our behalf.
- Essential Service Providers – Sometimes, other businesses give us data about you which we may need for our legitimate interests of conducting business with you and on occasion they are necessary to perform our contract with you. It usually comprises Financial Data or Transaction Data. This happens when we link through to third party payment providers. They tell us that you have paid for your products and, where relevant and/or necessary they will provide us with your Contact Data and Transaction Data. We also might engage third party contractors to provide us with technical or delivery services that are related to your account with us.
- Professional Advisers and Investors – We may also share your data with professional advisers such as our lawyers and insurers to manage risks and legal claims, and/or as part of our relationship and obligations to our investor organisations. This is in our legitimate interests.
5. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you, either directly or as a commercial agent of our Sellers.
- 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.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to certain direct marketing.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please Contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Type of data
|Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer||(a) Identity
|Performance of a contract with you|
|To register you as a new seller||(a) Identity
(d) Seller Application
(e) Seller Profile
|Performance of a contract with you|
|To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Manage your queries through our Customer Service team – this may include recording calls to our teams
(e) Marketing and Communications
(f) Seller Profile
|Performance of a contract with you. We may also use some of the data related to your queries for our legitimate interests of ensuring our customer service quality standards are met.|
|To collect and recover money owed to us in respect of your order or a payment of commission due to us if you are a Seller||(a) Identity
(e) Seller Profile
|Necessary for our legitimate interests (to recover debts due to us).|
|To carry out fraud assessments||(a) Identity
(f) Seller Profile
|Necessary for our legitimate interests of ensuring payments are not fraudulent|
|To process your purchase of a gift card from us||(a) Identity
|Performance of a contract with you.|
(d) Seller Profile
|Necessary for our legitimate interests of ensuring our customers are updated on these changes.|
|To help us improve our offering to our customers, including asking you to leave a review or take a survey, or provide customer insights||(a) Identity
(d) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to improve our offering to our customers, to develop them and grow our business).|
|To enable you to partake in a prize draw, competition or complete a survey||(a) Identity
(e) Marketing and Communications
|Performance of a contract with you to fulfil the promotion and run the competition/prize draw. We may also subsequently use your entries for the legitimate interests of understanding our customer base more effectively.|
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy). Please note that where cookies are used for this purpose, this is covered separately by our Cookies Policy.|
|To deliver direct marketing to you||(a) Identity
(e) Marketing and Communications
(g) Seller Profile
|Generally, necessary for our legitimate interests (to promote our business or our artists).
Where you have been asked to opt in, or the law requires consent for electronic direct marketing, our lawful basis is consent
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences||(a) Technical
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy). Please note that where cookies are used for this purpose, this is covered separately by our Cookies Policy.|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||(a) Identity
(f) Seller Profile
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
We do not conduct any automated decision making. We may on occasion profile our customers for the purposes of targeting marketing at them and where this is done, this is undertaken for our legitimate interests of ensuring our marketing is relevant to its audience. For example, we may classify an appropriate audience for a promotion by what products on our website they have previously looked at or expressed an interest in. We do not conduct any online behavioral tracking.
MARKETING AND PROMOTIONS
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. Please see your preferences page on the website for more information and to save your choices.
We will only ever send marketing in accordance with your preferences that we have recorded for you.
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you. We only use the data you provide to us directly for this purpose along with the Aggregated Data provided to us by our analytics partners and we do not track what other websites you may visit after visiting our site, though in common with most websites, we may register the site which referred you to our site (e.g. a search engine).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or Sellers we represent or if you provided us with your details when you entered a competition, registered for an account or promotion and, in each case, you have not opted out of receiving that marketing.
We will always offer a way to opt out of receiving marketing communications in every marketing communication sent to you. We may on occasion send out postal marketing for the purpose of growing our sales which is in our legitimate interests and in this case we will rely on you to let us know if you do not want to receive this by opting out of marketing (see Opting out below).
ADVERTISING ON OTHER SITES
There are lots of different places you may see adverts for our shop, and these may not be using your personal data; we buy advertising space in the real world and on websites and social media. If you see our shop’s adverts on websites and in social media, these may not be directed specifically at you and may be there because we have bid for the space or are using the providers services to show our adverts to ‘lookalike’ audiences.
We may also share certain data with third party social media platforms in order to show you targeted ads when you visit them. We may do this by providing these platforms with your email address to create ‘audiences’ of users fitting within a certain demographic/category so that we can target our marketing. Please check the social media platforms’ terms for more details of these services. This is in our legitimate interests of sending you direct marketing. See ‘Opting out’ below for details of how you can adjust your marketing preferences.
We will always seek your express opt-in consent before we share your personal data with any company outside the company group of companies for them to market their products or services to you in their own right.
You can ask us to stop sending you marketing messages at any time by logging into your preferences page, by following the opt-out links on any marketing message sent to you or by contacting us at any time.
If you opt out of receiving email marketing from us, we will no longer share your email address with social media platforms (see ‘External Third Parties’ below). However, you may continue to see our ads through them, due to their general demographic targeting. Please check the social media platforms for more detail of how to opt out from seeing these ads.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase from us or one of the Sellers we represent.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, 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 get 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 we will 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.
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 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 notify you and any applicable regulator of a breach where we are legally required to do so.
You acknowledge that the Internet is not a completely secure medium for communication and, accordingly, we cannot guarantee the security of any information you send to us (or we send to you) via the Internet. We are not responsible for any damages which you, or others, may suffer as a result of the loss of confidentiality of such information.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law and they may only use your data for the purposes we specify in our contract with them. We will always work with them to protect your privacy.
7. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
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 requirements. For example, details of your orders will be kept for as long as we need to retain that data to comply with our legal and regulatory requirements. This is generally 7 years unless the law prescribes a longer period.
In some circumstances you can ask us to delete your data: see Request erasure in Your Legal Rights section below for further information.
In some circumstances we may 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.