Privacy Policy
Last Updated May 9th 2023
About Us and This Privacy Policy
We are committed to protecting your privacy and personal data.
This Privacy Policy (the Privacy Policy) details the steps we take to protect your personal data when you visit our website at http://www.acuteart.com (the Website) or use our mobile app (the App). It describes the personal data that we collect via the Website and App (if any), the purposes for which we use such data, and your choices and rights regarding our use of it.
We may also collect and process certain personal data relating to our business contacts, in the normal course of conducting and running our business. Please see the ‘If you are a Business Contact of Acute Art’ section below for more information on how we process this personal data.
Our legal status under data protection law is that of a data controller and in this capacity we will securely store and process any personal data which you have provided to us. As data controller we have registered with the Information Commissioner’s Office and our registration number is ZA302288.
Key Terms
we, us and our mean or refer to Acute Art Limited located at 1 Surrey Street, London, WC2R 2ND, UK
a data controller decides the purposes and means of processing personal data.
personal data means data about individuals and data from which such individuals could be identified.
Changes to This Privacy Policy
We may occasionally update this Privacy Policy. When we do, we will revise the “last updated” date at the top of the Privacy Policy. Please ensure that you frequently check this Privacy Policy for any updates.
Collection of Personal Data via the Website
The personal data we collect from you via the Website includes:
your email address (but only if you choose to give this to us for the purposes of signing up to our newsletter);
certain information about how you use the Website (for example, traffic data, location data, weblogs and other communication data); and/or
certain information about your device, including your IP address.
Collection of Personal Data via the App
The personal data we collect from you via the App includes:
the details you submit to us when creating an optional profile on the App such as your name, surname and email address;
information that you allow us to receive through device-based settings you enable in order to make use of certain App functionality (such as access to your location when viewing an exhibition);
information about how you use the App; and
certain information about your device, including IP address and device identifiers.
How Your Personal Data is Used
We will use the personal data you provide to us to:
send out newsletters or other marketing you have signed up for;
analyse use of, and improve, the Website and the App;
enable features and functionality of the App which you choose to use;
assess the location of and number of users accessing individual artworks or exhibitions viewed via the App in order to understand the usage and popularity of the App and the artworks on it;
conduct targeted online advertising campaigns on other sites and social media platforms you may visit.
With Whom Your Personal Data is Shared
We do not currently disclose or share any of your personal data with third parties. Please note that where you consent to analysis and marketing cookies on your device, these may be set by third parties who are able receive information from those cookie (such as cookie IDs, IP address and settings) which are used for analytics and marketing purposes. For further information see the ‘Cookie’ section below.
We may disclose depersonalised data (such as aggregated statistics) about the users of the Website and App in order to describe our sales, customers, traffic patterns and other Website or App information to prospective partners, advertisers, investors and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifying information.
We may also disclose personal data to potential purchasers or investors and our and their advisors in relation to a business transaction, such as a reorganisation, restructuring, merger, change of control or sale of assets and as necessary to establish, exercise or defend our legal rights.
We may occasionally be required by law, court order or governmental authority to disclose certain types of personal data. Examples of the type of situation where this would occur would be:
in the administration of justice; or
where we have to defend ourselves legally.
Our Lawful Basis For Processing Your Personal Data
Under applicable data protection law, we must identify a lawful basis for processing your personal data.
Consent:
Where we collect and process your email address via the Website, we do so on the basis that you have consented to give that personal data to us for the purposes of receiving our newsletter.
We also rely on consent to send you our newsletter and other marketing where you indicate you wish to receive it when creating a profile on the App.
You may withdraw your consent to any of the above at any time.
To make use of certain features of the App you will be prompted to allow us access to elements of your device. To the extent any data we access in enabling App features constitutes personal data, we rely on consent for this. It is your choice whether you allow access or not and you can amend your device settings at any time to remove access, but please note that where access is essential for the functionality of the relevant App feature, that feature will not be available for you to use if you choose not to allow access.
For example, it is not possible to view the AR artworks without the App linking to your camera; it is not possible to record sound on videos made via the App without access to your microphone and it is not possible to save videos and images on your device without access to your photo albums.
We seek your consent before setting non-essential cookies on your device. For more information please see below.
The legitimate interests of Acute Art:
App users can choose to create a profile on the App which is used in connection with the installation of artworks. This requires login details to be submitted. Our use of these details is in the legitimate interest of us administering the installation functionality. App users can delete their profile at any time, following which their profile details are removed from our systems.
Where we collect and process certain information about how you use the Website, the App and/or about your device (including IP address), we do so on the lawful basis that it is in our legitimate interests to do so. Our legitimate interest in such instances is the proper and effective running of the Website and the App.
Cookies
We use cookies and similar technologies.
Cookies are small text files that are downloaded onto your device and used to store and receive identifiers and other information on your device. You can learn more about the cookies we use and manage your cookie preferences via our cookie management tool which is accessed by clicking on the cookie icon on our Website.
You can also find information on managing and disabling cookies more generally here: https://ico.org.uk/your-data-matters/online/cookies/
Some cookies are always on when you visit us, and you can’t turn them off unless you change your browser settings. We call these “strictly necessary cookies”. We use them to make sure our services work correctly and are meeting your needs as a user.
We and the third parties set out in the cookie management tool on our Website also use analytical and marketing cookies so we can understand how our Website and App is used, to make your online experience tailored to you and more enjoyable and to help our online advertising campaigns reach relevant audiences (for example, making available our ads to users on other platforms on the basis they have visited the Website before). You can switch these cookies on or off at any time and you can always change your mind. They will only be applied if you’ve agreed.
Cookies can last for a varied duration. Session cookies expire at the end of a browser session. Persistent cookies are stored for longer periods. The longest duration that our current cookies stay on your device for is 2 years.
On your first visit to our Website, we’ll tell you about our types of cookies and ask you to choose which (non-essential) cookies we can use. You can always change your mind by clicking on the cookie icon displayed on our website and changing your preferences at any time
How We Protect Your Personal Data
We have security arrangements in place to guard against unauthorised access, use, alteration or destruction of, or the accidental loss of, your personal data. We take appropriate organisational and technical security measures to ensure that any personal data we hold is not accessed by anyone unauthorised to access it.
To the extent we need to share your personal data with recipients outside the UK or European Economic Area to a jurisdiction which is not recognised as having an essentially equivalent data protection regime (for example if we appoint service providers which operate internationally), we will put in place appropriate safeguards in accordance with data protection law (such as specific contractual clauses) to ensure your data and rights are protected.
For How Long Your Personal Data Will be Retained by Us
It is our policy to retain your personal data for no more than the length of time required for the specific purposes for which it is processed by us and which are set out in this Privacy Policy.
However, we may sometimes need to keep your personal data for a longer period, for example, where required by our legal obligations, or in order to ensure we have effective IT back-up systems. In such cases, we will ensure that your personal data will continue to be treated in accordance with this Privacy Policy, we will restrict access to any archived personal data, and ensure that all personal data is held securely and kept confidential.
What Your Rights Are
You have various rights in relation to your personal data under the UK GDPR, including:
the right of access to a copy of the personal data we hold about you;
the right to require us to correct any inaccuracies in your personal data;
the right to object to decisions about you being taken by automated means (although we do not make any decisions by automated means);
where we have sought your consent, the right to withdraw your consent at any time; and
the right to ask us not to process your personal data for direct marketing purposes.
You may also have the following rights in relation to your personal data in certain circumstances:
the right to restrict or object to our use of your personal data;
the right to require us to provide a copy of your personal data to others; and
the right to require us to erase your personal data.
Please be aware that these rights are not always absolute and there may be situations in which you cannot exercise them or they are not relevant. To help you understand how they work, we have provided a link to the Information Commissioner’s Office’s guidance on each of the rights here.
If you wish to exercise any of your rights please contact hello@acuteart.com.
If You Are a Business Contact of Acute Art
This Privacy Policy primarily applies to the processing of personal data of visitors to the Website and users of the App.
However, we may also collect and process personal data relating to our business contacts, in the normal course of conducting and operating our business. Where we do so:
we will process such personal data on the lawful bases of our legitimate business interests and/or for the performance of a contract with you, and/or on the basis of your consent (as applicable);
we will process and share such information only as necessary for the pursuance of the lawful bases listed above;
your personal data will be subject to the security measures set out in the ‘How We Protect Your Personal Data’ section above;
we will retain such personal data in accordance with the ‘How Long Your Personal Data Will Be Retained by Us’; section above; and
you will have the rights set out in the section above.
How to Make a Complaint
If you have a question about the information provided in this Privacy Policy, or you have a concern or complaint about the way in which we process your personal data, please contact hello@acuteart.com. In any event you have the right to address a complaint to the Information Commissioner. The Information Commissioner can be contacted at:
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
0303 123 1113