Privacy Policy – North America

Last Update: January 2022

This privacy policy applies if you reside in Canada or the US.  If you reside elsewhere, please review this other version instead.  

Peggy Inc. (“Peggy”) brings together Galleries, Artists, Collectors and other stakeholders in the art ecosystem (collectively, our “Users”) to make living with and investing in art accessible to all.

Peggy values and respects your privacy. We have prepared this privacy policy to explain the manner in which we collect, use and disclose personal information through our website located at Peggy.com (the “Website”), through any mobile device software provided by us to you (the “App”), and in our other interactions with you (collectively, the “Service”).  By using our Service, you consent to our collection and other handling of personal information as described in this privacy policy.

TABLE OF CONTENTS  

• Collection and Use of Personal Information
• Sharing of Personal Information
• Information About our Website and App
• Interest-Based Advertising
• Safeguards, Account Deletion and Retention
• Access to Information
• Updates to the Privacy Policy
• Contact Us

 

COLLECTION AND USE OF PERSONAL INFORMATION

We may collect and use your personal information when you:

Apply to become a User (for Gallerists and Artists): Prior to becoming a Gallerist or Artist User, you must first apply for a User account. When you apply for an account, we collect your first and last name and an email address. We also collect certain additional information about you depending on whether you are a Gallerist or Artist:

• If you are a Gallerist, we collect the business contact information (such as name, phone number and email address) of one or multiple representatives of the Gallery, and any information that may be contained on the Gallery’s public websites or social media accounts.
• If you are an Artist, we collect the business contact information (such as name, phone number and email address) of one or multiple representatives of the Artist, information contained in your portfolio or CV (by asking you to send a link to your online portfolio or social media), and information about your medium of art.

As outlined above, Gallerists and Artists are asked to provide Peggy with certain personal information relating to their representatives. If you decide to share such information with Peggy, it is your responsibility to ensure you have the appropriate consent or authority to do so. These representatives should also be provided with a copy of this privacy policy so they know how Peggy will handle their personal information. If your application to become a Gallerist or Artist User is approved, we will invite you to create a public username.

We use the above-noted information to process, evaluate, and respond to your application to become a Gallerist or Artist User, and to create and administer your online account. When you create or log-in to a User account, we will send a one time code to your email address, and ask you to verify that code in the App. Do not disclose your one-time code to anyone. We will never ask you for your one-time code in any communication from us (such as phone calls, text messages or email messages). If you become aware of any unauthorized access to or use of your account, you are required to notify us immediately.

Create a User Account (for Collectors and other Users): When you create a Collector or other User account, we collect your first and last name, an email address, your city, optional information about your engagement with and interest in art and a public username. We use this information to create and administer your online account. When you create or log-in to a User account, we will send a one-time code to your email address, and ask you to verify that code in the App. Do not disclose your one-time code to anyone. We will never ask you for your one-time code in any communication from us (such as phone calls, text messages or email messages). If you become aware of any unauthorized access to or use of your account, you are required to notify us immediately.

We may also provide you the option of applying for, signing up for, or logging in to an account with your Google account, in which case we will collect your name, Google account email address, and account information for the purpose of authenticating you and administering your account.

Join the User Waitlist

Prior to creating a User account, you may be invited to join a waitlist by providing your first and last name and your email address. We will contact you using the email address provided when we invite you to create an account.

Create and Share your Public User Profile: We offer Users the opportunity to create public User profiles through which they can create, curate, and share their art collections and artistic interests with other Users.

When creating a profile, we will invite you to write a short bio that will be publicly viewable on your profile page, and upload a profile photo. The information you upload to your profile is public and viewable by other Users. Accordingly, you should be aware that any information you provide in these areas will be publicly viewable. Please see our Terms of Use for rules and restrictions regarding User Submissions (as defined therein).

We may collect additional information from you to create your public User profile:

• Information about your Gallery: If you are a Gallerist, we invite you to add details to your profile about your Gallery, including an address and contact information for your Gallery, as well as photos or videos of your Gallery and links to your Gallery’s website or social media accounts. We also invite you to share information about Artists who are represented by your Gallery, as well as artworks exhibited and past or future exhibitions taking place at your Gallery. To the extent you share any information about Artists you represent, it is your responsibility to ensure you have the appropriate consent or authority to do so.
• Information about you as an Artist: If you are an Artist, we invite you to add details to your profile about you as an Artist, including an address and contact information for your Artist practice, as well as photos or videos of your Artist studio or artworks and links to your Artist website or social media accounts. We also invite you to share information about Galleries on the Service that represent you as an Artist. We invite you to share details about your work, such as information about your process and interests, or your background, training, future or past exhibitions, publications or recent press, grants and awards, or your experiences as a student or teacher.      

As an Artist, you will also be required to provide certain information about yourself to be displayed on your User profile, including your date of birth (though only year of birth will be displayed publicly), place of birth, and current city.  

• Information about you as a Collector or other User: As a Collector or other User of the Service, we invite you to share information about yourself, including your occupation and education, your perspectives about art, the Artists you are interested in and follow through the Service, and the artwork in your collection.      

Use Pegboards: We invite Users to “pegboard” artwork to Pegboards that other Users can view and follow. Pegboards allow Users to curate and share artwork they find interesting. We use information about the market value of the artworks in User Pegboards to track the demand for and value of certain art pieces over time, allowing Users to understand the market for the artworks they have added to Pegboards. We also use Pegboards to personalize the User’s experience, features and content on the App.  

Connect with other Users: Connection is a key element of the Service. We allow our Users to invite, follow and be followed by other Users on the Service, and to view the profiles, Pegboards, and collections of other Users. Accordingly, please remember that any information you upload to your profile is publicly viewable and may be read, collected, and used by other Users. Please see our Terms of Use for rules and restrictions regarding User Submissions (as defined therein).

Buy and sell artwork: We collect and use certain personal information to facilitate the buying and selling of art by our Users, as described below:

     Buying artwork

• When you offer to purchase artwork, we display (to you and all other Users) information about the offer, including the amount and timestamp of the offer and your username.
• When an offer is created, we will either ask you to provide your shipping address or, with your express consent, collect real-time information about the location of your device in order to help us determine your shipping address and estimated shipping costs.
• When you receive artwork you purchased using our Service, we will ask you to verify yourself as the new owner by scanning a fingerprint of the artwork using your smartphone. We will capture and store the fingerprint image(s) and associated metadata on our servers.

Selling artwork

• When you add an artwork to our Service, we will ask the Artist or an authorized representative of the Artist to create a fingerprint of the artwork using their smartphone. We will capture and store the fingerprint image(s) and associated metadata on our servers.      
• If you wish to sell artwork using our Service and the artwork is not already captured from a previous sale, we will ask you to upload and display information about the artwork, including the asking price for the work, as well as photos of the work and information about its medium and size dimensions. You may also provide unique written or visual perspectives on the artwork, and can choose to indicate which Gallery, if any, represents the artwork. This information is public and viewable by other Users.
• Any time you set an asking price for your artwork, we will either ask you to provide the location of the artwork or, with your express consent, collect real-time information about the location of your device in order to help us determine estimated shipping costs, shipping information and provide shipment tracking details to the buyer. We may ask you to confirm that the authentic artwork is in your physical proximity, by scanning a fingerprint of the artwork using your smartphone. We will capture and store the fingerprint image(s) and associated metadata on our servers.

When you add or remove artwork (or asking prices for such artwork) to or from your collection            or when offers are added or removed for such artworks, we display to you and all other Users insights and up-to-date information about the market value for artwork in your collection, including information about the total value of the collection, any realized gains and losses, the supply of and affordability of your collected works in relation to demand. In addition, we display to you and all other Users the purchase history for each piece of artwork, including asking, offer and purchase price information and the number of views it has received.

Make or Receive Payments:

If you are an Artist, Gallery or Collector selling an artwork, you can earn proceeds from the sale or resale of such artwork. If you are an Artist or Gallery, you can earn royalties from the resale of your artwork.

When you buy or sell artwork, or for the purposes of royalties, we collect your direct deposit / card information (including payment method, card number, expiry date, the name on the card, and CVV code) or wire transfer information (including where applicable: a reference code, the name on the account, your phone number, the sending bank’s phone number, the sending bank’s address, account number, branch number, institution number, and SWIFT code) in order to process the payment. In the case of processing payouts for royalties, we also collect information about your nationality in order to determine the royalty rate applicable in your country. We do not store payment card/account/wire information entered through our Service; rather, we use a third-party payment processor who has committed to comply with the Payment Card Industry Data Security Standard (PCI DSS) for payment processing. We only use this information to process and deposit artwork sale payments, artwork resale payments, or royalty payments. We may also ask you to provide your Canadian Social Insurance Number, U.S. Social Security Number or Tax ID number to facilitate related tax reporting.

Verify your identity:  Before you upload artwork for sale, bid on artwork or transfer ownership of artwork, you will be required to verify your identity by providing a photo of your government-issued identification (driver’s license, passport, or government-issued photo identification card) and a real-time selfie photo. We verify your identity in order to track the provenance of the artwork that is sold from Users on our platform. We use a third-party service provider who matches the photo on your identification card to the selfie you upload and validates the authenticity of the selfie and identification card provided. Our third-party service provider is not authorized to use or retain this information for any other purpose.

Visit the Website and use the App: You do not have to register to visit or use our Website. However, when using the App, you are required to log-in using your User account. We collect some personal information when you visit our Website or use the App. Please see the "Information about our Website and App" section below for detailed information regarding the personal information we collect when you visit our Website or use the App, and the choices you have with regards to that collection and use.

Sign-up to receive marketing communications: If you sign-up to receive email marketing communications such as newsletters, we collect your email address as well as other information on an optional basis to help us tailor our communications to you. You can unsubscribe at any time by clicking the “unsubscribe” link included at the bottom of each email or in the Settings section of the App. Please note that you may continue to receive transactional and account-related communications from us.

Custom Audience: We may use services provided by third-party platforms (such as social media and other websites) to serve targeted advertisements on such platforms to you or others, and we may provide a hashed version of your email address or other information to the platform provider for such purposes. To opt-out of the use of your information for such purposes, please send a request using any of the methods set forth in the Contact Us section below.

Connect with us on social media: We may offer you the opportunity to engage with our content on or through third-party social networking websites, plug-ins and applications. When you engage with our content on or through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain information associated with your social media account (e.g., name, username, email address, profile picture, gender) to deliver the content or as part of the operation of the website, plug-in or application. When you provide information from your social media account, we may use this information to personalize your experience on the Website or App.

Create a Pegcast: When you agree to create a Pegcast (i.e., a podcast-like audio or video recording) with us, we will record, produce and edit audio, video or written content based on our interview(s) with you, and may post the Pegcast or other content to our Website and on our App. Pegcasts are publicly accessible by any User of the Service or visitor to our Website. You are responsible for obtaining the consent of any other identifiable individual for their appearance or their work’s appearance, or reference to them or their work in our interview with you.

Send or Receive Referrals: Our Website and App may permit you to tell others about Peggy. We do this by providing you with a referral link or code, which you can then provide to a friend or family member for their use in accessing our App and applying to create an account. Any account that is created using your referral code will auto-follow your account.

When you create an account using a referral code, your account will auto-follow the account that is connected to the referral code you used. You can unfollow the account (or any other account) at any time.

Participate in a contest or promotion: When you enter a contest or participate in a promotion, we may collect your name, address, email address, phone number, and any additional information or content required for the contest or promotion, including to deliver a prize to you and comply with related tax-reporting obligations, or that you otherwise provide, including your social media handle, profile picture and public posts or comments you make about our contest on social media networks. We use this information to administer the contest or promotion and comply with related legal obligations. As part of a contest or promotion, we may also share or otherwise publish the content you submit.

Participate in a survey: From time to time, we may offer you the opportunity to participate in one of our surveys. The information obtained through our surveys is used in an aggregated, de-identified form. We use this information to help us understand our Users and to enhance our Website and App.

Contact Us: When you contact us with a comment, question or complaint, you may be asked for information that identifies you, such as your name, mailing address, email address, or      telephone number, along with additional information we need to help us promptly answer your question or respond to your comment.  We may retain this information to assist you in the future and to improve our customer service and service offerings.

SHARING OF PERSONAL INFORMATION

We do not sell or disclose your personal information to third parties without your consent, except as set forth below or as required or permitted by law.

Service Features: Our Service is a social, connecting experience through which certain personal information about Users is shared with some or all other Users, or with the general public, depending on the relevant Service feature and on any applicable privacy settings.  For example, the seller in a transaction is provided with the buyer’s shipping information and certain other details to facilitate the transaction. Information-sharing features of the Service are described in more detail above, in your account settings, and/or within the Service itself.

Service Providers: Your personal information will be transferred (or otherwise made available) to certain third parties that provide services to us. We use service providers to provide or receive services such as hosting the Website and App, cloud storage, payment processing, shipping, insurance, customer support and issue-tracking capabilities, and advertising, analytics, and marketing services. Our service providers may be located in the U.S., Canada or other foreign jurisdictions.

Legal and Compliance: We and our Canadian, US and other foreign service providers may provide your personal information in response to a search warrant to other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise may be required or permitted by applicable Canadian, U.S. or other law or legal process, which may include lawful access by US or foreign courts, law enforcement or other government authorities. Your personal information may also be disclosed where necessary for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.

Sale of Business: We may transfer any information we have about you as an asset in connection with a proposed or completed merger, acquisition or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Peggy Inc. or as part of a corporate reorganization or other change in corporate control.

INFORMATION ABOUT OUR WEBSITE AND APP

Visiting our Website: In general, you can visit our Website without telling us who you are or submitting any personal information. However, we collect the IP (Internet protocol) addresses of all visitors to our Website and other related information such as page requests, browser type, operating system and average time spent on our Website, as well as information we or our partners have stored in cookies (more on that below), such as unique identifiers assigned to your browser. We use this information to help us understand our Website activity and to monitor and improve our Website, and (as applicable) as described below.

Personalized Experiences: We may collect and use your Pegboards and your browsing, search and purchase history within our Website or App for the purposes of creating a personalized browsing experience, providing convenience features to you to resume searches or browsing, recommending artworks that you may be interested in buying or Pegboarding, recommending artworks you are selling to other buyers or Pegboarders, suggesting Pegcasts that you may wish to watch or listen to, and suggesting other Users that may be relevant for you to follow within the App.

Push Notifications: If you provide your consent to receive push notifications, we may send push notifications to your mobile device to provide you with relevant information, such as: news about Peggy, including product updates and features; news about the community and other third-party services; suggestions for recommended artworks, artists and galleries; notifications when an Artist or Gallery you follow adds a new artwork, someone you follow creates a new Pegboard, someone adds an artwork to a Pegboard you follow, someone you follow adds a new Pegcast, someone Pegboards one of your artworks, someone places an offer on one of your artworks, your offer is outbid, your offer is the highest and won the auction, an asking price for an artwork you follow or have offered upon was reduced, one of your artworks sells; updates on royalties; new followers of your profile or Pegboard; and shipping notifications. If you wish to stop receiving push notifications from us, you can turn off push notifications for the App either within the App preferences page or in the settings of your mobile device.

Cookies:  Our Website uses a technology called "cookies". A cookie is a tiny element of data that our Website and App sends to a User’s browser, which may then be stored on the User’s hard drive so that we can recognize the User’s computer or device when they return. You may set your browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our Website, you may not be able to take advantage of all of the Website features.

Analytics: We may use third parties such as Google Analytics to help us gather and analyze information about the areas visited on the Website (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the Website. These third parties may use cookies and other tracking technologies.

For more information about Google Analytics or to prevent the storage and processing of this data (including your IP address) by Google, you can download and install the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en. You can also obtain additional information on Google Analytics’ data privacy and security at the following links:

•  https://policies.google.com/technologies/partner-sites and
• https://support.google.com/analytics/topic/2919631

App Usage Information and Analytics: As with many applications, certain limited data is required for the App to function on your device. This data includes the type of device hardware and operating system, unique device identifier, IP address, language settings, and the date and time the App accesses our servers. We use this information to help us understand the activity on our App, to monitor and improve our App, to verify that you are complying with our geographic restrictions in accordance with our Terms of Use, and to tailor your in-App experience. In addition, we may use third party service providers to collect analytical information about your use of the App, such as the App features used and time spent on the App, to help us tailor your in-app experience, improve our products and the quality of our App, and to manage and analyze data in order to better understand our Users.

We may also aggregate information about the purchases you make through the App with that of other Users for the purpose of better understanding how our App is used and ways to improve our Service.

Third Party Links:  Our Website may contain links to other websites that Peggy does not own or operate. We provide links to third party websites as a convenience to the User. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy policies, notices and terms of use. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat personal information. We encourage you to read the privacy policy of every website you visit.

INTEREST-BASED ADVERTISING

We work with third parties such as ad networks and other advertising companies that use their own tracking technologies (including cookies and pixel tags) on our Website and App in order to provide you with tailored advertisements across the Internet. These companies may collect information about your activity on our Website, App and third-party websites (such as web pages you visit and your interaction with our advertising and other communications) and use this information to make predictions about your preferences, develop personalized content and deliver ads that are more relevant to you on third party websites. This information may also be used to evaluate the effectiveness of our online advertising campaigns. We do not respond to Web browser “do not track” or “do not sell” signals.

Opting-out of Interest-Based Advertising: For more information about interest-based advertising and to understand your options, including how you can opt-out of receiving behavioural ads from third-party advertising companies participating in the Digital Advertising Alliance of Canada, please visit the Digital Advertising Alliance of Canada website at  http://youradchoices.ca/choices.

Please note that even if you opt-out of interest-based advertising by a third party, these tracking technologies may still collect data for other purposes including analytics and you will still see ads from us, but the ads will not be targeted based on behavioural information about you and may therefore be less relevant to you and your interests.

To successfully opt out, you must have cookies enabled in your web browser (see your browser’s instructions for information on cookies and how to enable them). Your opt-out only applies to the web browser you use so you must opt-out of each web browser on each computer you use. Once you opt out, if you delete your browser’s saved cookies, you will need to opt-out again.

You may also limit our use of information collected from or about your mobile device for purposes of serving targeted ads to you by going to your device settings and selecting “Limit Ad Tracking” (for iOS devices) or “Opt out of Interest-Based Ads” (for Android devices).

SAFEGUARDS, ACCOUNT DELETION AND RETENTION

We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody or control against theft, loss and unauthorized access, use, modification and disclosure. We restrict access to personal information on a need-to-know basis to employees and authorized service providers who require access to fulfil their job requirements.

You can delete your User account at any time by contacting us at support@peggy.com. If you delete your account, information about the artwork you have purchased or sold will continue to be publicly viewable on the Service. However, any attribution of such information to you will be removed from public view (though your identity and certain details may remain visible to participants in those transactions). Further, we may retain certain information to meet our legal or regulatory obligations.

We have record retention processes designed to retain personal information for no longer than necessary for the purposes set out herein or as otherwise required to meet legal, regulatory or business requirements.

ACCESS TO INFORMATION

Subject to applicable law, you have the right to access, update and correct inaccuracies in your personal information in our custody or control. You may request access, updating and corrections of inaccuracies in your personal information in our custody or control by emailing or writing to us at the contact information set out below. We may request certain personal information for the purpose of verifying the identity of the individual seeking access to his or her personal information records.

UPDATES TO THE PRIVACY POLICY

We may update this privacy policy periodically to reflect changes to our privacy practices. We encourage you to periodically review this page to ensure you are familiar with those changes. We will indicate at the top of this privacy policy when it was most recently updated.

CONTACT US

If you have any questions or comments about this privacy policy or the manner in which we or our service providers (including our service providers outside Canada) treat your personal information, or to request access to or correction of your personal information, please contact us at:

Privacy Officer

privacy@peggy.com

Exchange Tower, 130 King Street West, Suite 1800, Toronto, ON M5X 1E3, Canada