Last Update: January 2022
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.
TABLE OF CONTENTS
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:
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.
We may collect additional information from you to create your public User profile:
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.
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.
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:
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.
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:
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.
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 firstname.lastname@example.org. 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.
Exchange Tower, 130 King Street West, Suite 1800, Toronto, ON M5X 1E3, Canada