Mitchell-Innes & Nash is committed to protecting and respecting your privacy. This policy explains the basis on which personal information is collected from you and how it will be protected.
This policy explains the following:
I. What information Mitchell-Innes & Nash may collect about you
II. How Mitchell-Innes & Nash will use information collected about you
III. Whether Mitchell-Innes & Nash will disclose your data to anyone else
IV. Your choices and rights regarding the personal information provided to Mitchell-Innes & Nash
Our Services may require the use of third parties. These third party website may have their own privacy policies and we recommend you to review them. We do not accept any responsibility or liability for the privacy practices of such third parties and your use of them is at your own risk.
I. What information Mitchell-Innes & Nash collects about you
Personal Data
‘Personal Data’ refers to identity and contact data including: your name, telephone number and email address, in addition to profile data including: artwork information, artworks owned, artworks requested, offered, reserved, purchased, consigned and details of artwork invoices
Payment Information
In order for you to use all the functions of our Services, we may collect payment information from you including your credit card number and bank account details. This information is kept confidential and not shared.
Information collected from third parties
We may collect Personal Data from you from third party service providers. As you interact with our website, we may automatically collect data about your browsing activities. We use cookies to collect and log analytical information such as your Internet protocol (IP) address.
II. How Mitchell-Innes & Nash will use information collected about you
We may share your Personal Data will third parties who provide us with logistics and payment processing Services (set out below), only in the ways that are described in this privacy policy. For more information on how the third parties listed in this policy use your information, please review their respective privacy policies.
We keep your information confidential but may disclose it to our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this privacy policy. However, this is on the basis that they do not make independent use of this information and have agreed to safeguard this information.
In addition, we may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).
III. How Mitchell-Innes & Nash will use information collected and how it will be shared
Providing the Services to you as a prospective or existing client
We may legally use and retain your Personal Data where we need to perform the contact we are about to enter into or have entered into with you, such as:
- registering you as a new client;
- processing purchases including shipping details for delivery of the artwork; and
- keeping track of contractual agreements.
We may also legally use and retain the Personal Data you provide to us when requesting our Services, to pursue our legitimate interest of providing our Services to you, such as:
- keeping track of artworks offered to you in order to understand your preferences and purchase history and allow us to offer relevant artwork to you when it comes in;
- responding to your inquiries; and
- providing you with information and updates about the Services we offer.
We may analyze certain types of information that you submit to us for the legitimate interest of improving the Services we offer to you and to provide you with specific Service, based on your preferences, recommendations, interests and previous purchases and location.
We may share your Personal Data with our selected third party providers and suppliers for the performance of delivering our Service under the contract between you and Mitchell- Innes & Nash, including processing payments and delivering artwork to you in accordance with your instructions. Our third party suppliers will have their own processing terms.
We may use a third party payment Services provider to process payment for our Services, Braintree (a PCI certified platform), who will store, collect and process your payment details. When using Braintree, our servers will not have access to your sensitive payment details.
Compliance and Prevention of Fraud and Illegal Activity
We may process Personal Data for the legitimate interests of ensuring that use of our Services is lawful and non-fraudulent, does not disrupt the operation of our Services, does not harass our staff or other individuals, and to enforce our legal rights and comply with our legal obligations, including compliance with anti-money laundering regulations (if and where applicable).
Where we reasonably believe that you are or may be in breach of any of the applicable laws, we may use your personal information to inform relevant third parties such as your email/internet provider or law enforcement agencies about the content.
Marketing
We use various forms of marketing to provide you with promotional materials about our Services.
We may process your contact information that you provide to us (either via our website or through use of our Services) for the purposes of marketing in accordance with our legitimate interests to send you information about gallery exhibitions and events. We may use third party email providers, such as Exhibit-E, to process these marketing emails.
We may also disclose your name and contact information to our affiliates mentioned above who provide the same type of products and Services, to enable them to market their products and Services to you.
If you would like to be removed from this mailing list, please contact us at ennouncement@miandn.com or click on unsubscribe at the bottom of each marketing email.
To understand how our Services are used We process cookies to understand how visitors use our website and to compile reports on website activity. We may also us third party suppliers such as Google Analytics.
This processing is necessary for us to pursue our legitimate interest in improving our website, and providing a more relevant service to our customers. This information is not used to develop a personal profile of you.
IV. Your choices and rights regarding the personal information provided to Mitchell- Innes & Nash
You have the following rights over the way we process Personal Data relating to you. We aim to comply without undue delay, and within one month at the latest.
Ask for a copy of data we are processing about you and have inaccuracies corrected.You have the right to request a copy of the personal information we hold about you and to have any inaccuracies corrected.
We will use reasonable efforts to the extent required by law to supply, correct or delete personal information held about you on our files (and with any third parties to whom it has been disclosed).
Object to us processing data about you
You can ask us to restrict, stop processing, or to delete your Personal Data by contacting us at ennouncement@miandn.com.
- Mitchell-Innes & Nash no longer needs to process that Personal Data for the reason it was collected;
- Mitchell-Innes & Nash is processing that Personal Data because it is in the public interest or it is in order to pursue a legitimate interest of Mitchell-Innes & Nash, you don’t agree with that processing, and there is no overriding legitimate interest for us to continue processing it;
- the Personal Data was unlawfully processed;
- you need the Personal Data to be deleted in order to comply with legal obligations;
- the Personal Data is processed in relation to the offer of a service to a child.
If you inform us that you would no longer like us to store or process your Personal Data then we may not be able to offer you a specific Service.
If you are unhappy with the way Mitchell-Innes & Nash is processing your Personal Data, please let us know at info@miandn.com or 212 744 7400.
V. Data retention
We will hold your personal information on our systems for as long as is necessary for the relevant service or as required by law, or for accounting or regulatory purposes, or as otherwise described in this privacy policy.
VI. Children
We do not knowingly solicit data from or market to persons under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at ennouncement@miandn.com. We will delete such information from our files within a reasonable time.
VII. Security
We will take all reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.
Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
VIII. Changes
We will notify changes to this policy by email or notice on the website or account message.
Updated: April 2019
