Terms & Conditions
William Kelley Gallery L.L.C. ("Seller") hereby offers for sale to the buyer named on the face hereof ("Buyer") the products listed on the face hereof (the "Products") on the express condition that Buyer agrees to accept and be bound by the terms and conditions set forth herein. Any provisions contained in any document issued by Buyer are expressly rejected and if the terms and conditions in this Agreement differ from the terms of Buyer s offer, this document shall be construed as a counter offer and shall not be effective as an acceptance of Buyers document. Buyers receipt of Products or Sellers commencement of the services provided hereunder will constitute Buyers acceptance of this Agreement. This is the complete and exclusive statement of the contract between Seller and Buyer with respect to Buyer's purchase of the Products. No waiver, consent, modification, amendment or change of the terms contained herein shall be binding unless in writing and signed by Seller and Buyer. Seller's failure to object to terms contained in any subsequent communication from Buyer will not be a waiver or modification of the terms set forth herein. All orders are subject to acceptance in writing by an authorized representative of Seller.
Last Updated: July 6, 2017
This Policy applies to all of our Services, regardless of how you use them, and whether or not you register for a William Kelley account. This Policy only applies to how we collect, store, share, and use information. This Policy does not apply to any entity that we do not own or control, or to any person that we do not employ or manage.
What Kinds of Information Do We Collect?
Information You Provide: We may collect the information that you provide or otherwise make available to us when you access or use our Services, including when you:
- fill in any forms on our Services, such as when you register for an William Kelley account or update your account or User profile information;
- access or use our Services, such as when you search for or view artwork or other items, follow artists, galleries, institutions or other Users, place bids or perform transactions, or communicate with other Users (this can include the information you provide on or through our Services, and information about how you access or use our Services, such as which features you use and when you use them);
- link your William Kelley account to your account on another social media service (including when you sign up for our Services or sign into our Services through another social media service), in which case we may obtain your username on that service and other information you make publicly available through that service, which may vary depending on your settings on that service;
- communicate with us.
Information Collected Automatically: We may automatically collect certain information about how you access or use our Services. Examples include but are not limited to Internet browser, operating system, device and application identifiers, IP address and geo-location information, access times and dates, referring and exit pages and URLs, clickstream data, search terms, pages viewed, time spent on pages, bounce rate and login frequency.
Information from Other Users. If you use our Services to communicate with another User or perform a transaction with another User, we may obtain information or feedback from them about their interaction with you (for example, whether you were responsive to their communications or completed a transaction with them). Also, when Users share User Content through our Services, if it contains information about you, we will receive that information as well. More information about User Content is provided below.
Information from Other Sources: We may obtain information about you from third-party partners (such as other companies with which we may jointly offer services or conduct promotional events), third-party service providers, credit bureaus or other sources, including but not limited to demographic information, contact information, open data, publicly available data and credit check information. We may use this information for purposes including customer support, fraud prevention, and credit-related decisions in connection with our Services, along with other purposes described in this Policy.
Information from Mobile Use: When you access our Services on a mobile device, for example, when you download or use an William Kelley mobile application or visit our website from a mobile browser, we may obtain information about your location and mobile device, including a unique identifier for your device. Along with the other purposes described in this Policy, we may use this information in order to customize our Services, Content and marketing for your location. Most mobile devices let you disable location services, and your choices for location services may vary depending on your mobile device.
How We Use the Information We Collect
The information we collect helps us to operate, improve, protect, and customize our Services, and to develop new Services. The information we collect also helps us to provide customer support and make our Services more efficient for you and other Users. In addition to the other uses of information described in this Policy, we may use all of the information that we obtain from or about you for the following purposes:
- to provide our Services to you, including new Services we develop later;
- to provide you with customer support;
- to facilitate your communications or transactions with us or other Users;
- to operate, improve, and customize our Services, Content, and marketing, to develop new Services, and to understand how you use and interact with our Services and Content, and the products, services, and Content of others;
- to develop and display more customized Content and ads to you on or off our Services;
- to promote and maintain a trusted, safer, and more reliable environment on our Services, for example, to help detect, prevent or otherwise address fraud, security or technical issues, conduct investigations or risk assessments, or verify actions taken by you or associated with your account;
- to contact you (by email, postal mail, telephone, mobile devices, SMS text message, or as otherwise authorized by you) in order to address issues with your account or use of our Services, collect fees, send you updates about our Services or policies, or for other purposes permitted by law;
- to contact you (by email, postal mail, telephone, mobile devices, SMS text message, or as otherwise authorized by you) in order to send you marketing communications, promotional messages, and offers about our Services and Content, and the products, services, and Content of others (see below for information on how to opt out of receiving certain communications from us);
- to facilitate your participation in contests, sweepstakes or other promotional events sponsored or conducted by us or by others in conjunction with us;
- to perform other functions as described when the information is collected or requested, or for other purposes with your prior consent.
We provide registered Users with settings on our Services to control whether they receive certain communications from us. If you do not want to receive marketing email from us, you can unsubscribe by following the unsubscribe link in the email you received, changing your preferences in your profile and account settings (if you have registered for an William Kelley account), or emailing us. Please note that opt-out requests may take up to ten (10) business days to process. You may not be able to opt out of receiving some communications from us, such as email about your account, your relationship with us, or your transactions.
Accounts and User Profiles
Registration, Access and Records To register for a William Kelley account, you will need to provide your full name and a valid email address. If you have received our permission to use our Services as a business, you may need to complete an additional registration process and provide additional information. If you have a William Kelley account, you may access, add, remove or update certain information about you in your profile and account settings, as indicated on our Services. It is your responsibility to update all such information as necessary to keep it accurate and current. When you update your account or profile information, we may keep a record of the unrevised information for purposes consistent with this Policy. If you wish to cancel your account, you may do so by using the tools provided in your profile and account settings, subject to any other agreements between you and us. If you terminate your account, we may keep a record of any or all information associated with you or your account, as required or permitted by law, for purposes consistent with this Policy; specific account data that includes Personal Information including your name, e-mail, contact information, and certain other records such as settings and collector profiles will be removed at such termination.
Profile and Account Information. To make our Services more interactive, certain information about Users’ profiles or accounts may be made accessible to other Users on or through our Services, as indicated in Users’ profile and account settings on our Services, or as otherwise indicated by us when you use certain Services. For example, if your public profile is enabled in your settings, your name and certain information that you may enter in your profile (such as a bio, location and website) will be visible to other Users on our Services. Our Services may include settings to control how certain profile or account information is shared with other Users on or through our Services, and you should check your profile and account settings regularly to be informed of your current choices. Please also note that public information on our Services may be indexed by third-party search engines and accessible through them.
Favorites and Follows
Our Services may include features that enable you to designate your “favorite” artists, designers or other creators, artwork or other items, or categories of artwork or other items. Our Services may also include features that enable you to “follow” galleries, institutions or other Users, artists, designers or other creators, or categories of artwork or other items. If your public profile is enabled, other Users may also be able to follow you, and the number of Users that follow you may be visible to other Users on our Services. You may be able to share, or choose not to share, certain information about your favorites, follows or followers on or through our Services, as indicated by us in connection with these features or in your profile and account settings.
Connecting with Other Users. We aim to provide a platform and marketplace where Users can discover and engage with a wide range of artwork, design and other items from around the world, including items from the various galleries, institutions and others that use our Services as exhibitors or sellers. To help make this happen, our Services may include features, such as messaging tools and email addresses hosted on our Services, that enable you to contact and communicate with other Users. For example, when a gallery or other seller lists an artwork or other item on our Services, our Services may enable you to contact them about that item or about other items they may have available.
Sharing Information with Other Users. When you use our Services to contact another User or perform a transaction with another User, they may obtain your name, email address and (as applicable) other contact information from us to facilitate your communications or transactions. Sometimes other Users may be able to obtain additional information about you when you use our Services to contact them or perform a transaction with them. For example, they may be able to obtain information about your location, interests and other information, as indicated by us in connection with these Services, or as otherwise indicated in your profile and account settings. Our Services may include settings that enable you to choose how certain information is shared with other Users when you contact them or perform a transaction with them, as indicated when you use these Services or in your profile and account settings. Please note that other Users may have their own privacy policies that apply to their use of information, and you may wish to ask them about their policies before sharing information with them to be informed of their practices. As mentioned above, this Policy does not apply to any entity that we do not own or control, or to any person that we do not employ or manage, and we are not responsible for their privacy policies or practices.
With Whom do We Share Personal Information?
Personal Information. Under this Policy, "Personal Information" means information that by itself can be used to identify or contact a specific person (for example, a person’s name, email address, postal address or phone number), and Personal Information does not include information that has been aggregated or made anonymous so that by itself, it no longer identifies and can no longer reasonably be used to contact a specific person. We will only share your Personal Information with others in the ways described in this Policy, or otherwise with your prior consent. In addition to the other sharing of Personal Information described in this Policy, we may share your Personal Information with others in the following contexts.
Service Providers. We may contract with third-party service providers that help us provide some of our Services, or that perform some services for us related to our Services, and they may access your Personal Information as needed to perform their functions for us. Examples may include but are not limited to order fulfillment, package delivery, payment processing, bill collection, fraud investigation, email and postal mail administration, customer service assistance, web and mobile data analytics, and server and database hosting services.
We use third parties, including Plaid Technologies, Inc. and Stripe, to gather your data from financial institutions. By using our Services, you grant our third-party providers the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution according to terms of such third-party providers' privacy policies and service terms.
Business Transfers. If we are involved in a merger, acquisition, or sale of assets, your Personal Information may be one of the assets transferred. In this event, if you have registered for a William kelley account, we will notify you of the change of ownership by sending an email to the current email address you provided us under your William Kelley account.
Aggregated and Non-Personal Information
We may aggregate or make anonymous any Personal Information that we have obtained in any way from or about you or others so that such information no longer contains any Personal Information. We may use and share any aggregated, anonymous or other non-personally identifying information for any purposes, including research and development, marketing, and to inform others about how our Services or Content are engaged with or used. Information we share in these contexts will not include your Personal Information.
Other Websites and Services
William Kelley is based in the United States. Our Users (including the galleries and other organizations that use our Services as exhibitors or sellers), service providers, and other third parties you may interact with in connection with our Services, may be located in the United States and other countries around the world, including countries that may not offer the same level of protection for Personal Information as that offered in the United States. By accessing or using our Services in the United States or any other country or jurisdiction, you agree that your information may be transferred and processed in the United States and any other country or jurisdiction.
In cases of onward transfer to third parties of Personal Information of EU individuals received pursuant to the EU-U.S. Privacy Shield, William Kelley remains accountable for the onward transfer of such Personal Information.
Our Services are not directed to children under the age of 13, and we do not knowingly collect Personal Information from people in this age group. If you believe we may have collected Personal Information from anyone under the age of 13, please contact us.
Every William Kelley account is protected by a password to help maintain privacy and security on our Services. If you register for an account, we urge you to use a strong password containing unique numbers, letters and special characters, and to protect the confidentiality of your password at all times. If you suspect or become aware of any unauthorized access to or use of your account or password, you agree to immediately notify us and change your password. Please note that while we seek to protect your information and maintain the security of our Services, due to the possibility of hardware or software failure, unauthorized entry or use and other factors, we cannot guarantee the security of any information, whether online or offline. Any transmission of information is at your own risk. Please also note that any information you provide to us via email is unencrypted.
Some jurisdictions have laws that give people the right to access or correct their Personal Information which a company has about them. We will honor any statutory right you may have to access or correct your Personal Information that we have in our records, and you can email such requests to firstname.lastname@example.org . Once we receive your request, we will let you know if an administrative fee will apply to fulfill your request, as permitted by applicable law. However, please note that even if you have a legal right to request access to information or to correct information, as permitted by applicable law, we may reject requests that are unreasonably repetitive, would require disproportionate technical effort (for example, developing a new system or materially changing an existing practice), would jeopardize the privacy of others, or would be extremely impractical to fulfill (for example, requests to access information located on backup systems).
EU-U.S. Privacy Shield
William Kelley is a participant in the U.S. Department of Commerce’s EU-U.S. Privacy Shield and we have certified that we adhere to the EU-U.S. Privacy Shield Principles. We are subject to the investigatory and enforcement powers of the Federal Trade Commission.
For more information about the EU-U.S. Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield website here.
Contacting William Kelley
What these Technologies Are. “Cookies” are small data files placed on your computer or other device which record information. For example, a cookie could enable our Services to recognize your browser, while another cookie could store your account preferences and other information to help make our Services more customized. We may use two kinds of cookies, “session cookies” and “persistent cookies.” Session cookies normally expire when you close your browser, while persistent cookies remain on your device until they expire or are deleted. “Web beacons” (also known as “pixel tags” or “clear GIFS”) are pieces of code or pixels embedded in a web page or email to track engagement with and responses to emails, web pages or ads, or to access or communicate with cookies. “Tracking URLs” are special URLs that can be used to track engagement with and responses to emails or web pages.
Opting-Out. Third-party providers may offer you a way to opt-out of receiving cookies from them by visiting their own websites or the websites of industry groups such as the Network Advertising Initiative and the Digital Advertising Alliance. For example, you may opt-out of receiving ad-related cookies from Google through its Ad Settings. If you opt-out of receiving cookies from one of these providers, it may place a cookie on your device to remember your preference. Accordingly, if you delete cookies, install a new browser, or start using a new device, you may need to repeat the opt-out process. We do not respond to browser-initiated “do not track” signals, as there currently is not an industry standard for responding to them.