Privacy Policy

Artsoul Comunicação Digital Ltda., a limited liability company registered with the CNPJ under No. 29.752.781/0001-52, headquartered at Rua Quatá, 845, sl. 02, Vila Olímpia, São Paulo, Brazil, hereinafter referred to as "Artsoul", has its own website https://www.artsoul.com.br.

Artsoul understands that the manner in which electronic records and personal data left by you (hereinafter "User") when using the Pages of the above site. Thus, the present Privacy Policy ("Policy") aims to regulate in a simple, transparent and objective, which data and information about you will be obtained / collected when you use the site, as well as disciplines when they can be used. Personal data is data relating to your natural person.

This Policy applies to the pages available on Artsoul's official website at https://www.artsoul.com.br.

Artsoul operates an internet platform that allows the user to purchase artworks (marketplace) and also provides cultural content such as museum and gallery exhibitions and articles about the sector, with the aim of bringing the user closer to contemporary art. The artworks displayed virtually belong to galleries (or third parties who have authorized them to sell) and independent artists. Artsoul, therefore, offers through its platform, space for the User to browse and learn about the content mentioned herein, and to acquire works of art.

It is very important that you are aware of our policies and for this reason it is necessary that you read and understand this Policy and the Website Terms of Use.

This Policy applies to Pages available on Artsoul's official website and you can access it at any time by https://artsoul.com.br/conteudo/politica-de-privacidade. This Policy shall be interpreted in conjunction with the Terms of Use of Artsoul Pages, referred to above and available at https://artsoul.com.br/conteudo/termos-de-uso, and in conjunction with the other specific conditions set out on other Pages on the site.

If you use a link in your navigation that directs you to another site, Artsoul cannot be responsible for the privacy rules of that other site.

1 ACCEPTANCE

Acceptance of this Policy will be given when the "I Accept" button is clicked. 

Except as otherwise expressly provided by law, Artsoul reserves the right to alter this Policy at any time without prior notice to the User. In this opportunity you will be informed and urged to give new acceptance the first time you access the page. The User, therefore, will be notified through the site to decide whether to renew your Acceptance or if you prefer to discontinue your use of the site.

2 INFORMATION COLLECTED

With the use of the Pages by the User, Artsoul collects basically two types of data: (i) data provided by the User when creating his/her profile and/or purchasing; and (ii) data collected automatically.

(i) a - Information provided by User: Artsoul collects all information actively entered by User on the Pages, such as: registration data (name, email, mobile phone, gender, date of birth) required to create his/her profile and additional data (ID, address) at the time of purchase; account data (username and password); your requests to send messages to the Galleries; or any other data provided by you, User, when filling in the field on the Pages concerning the registration of email to receive Artsoul's newsletter.

(i) b - Payment information provided by the user when making a purchase: the payment system is outsourced, governed by MOIP. Artsoul does not have access to or store any credit card data or data provided for issuing a boleto and is therefore not liable in the event of any misuse or leakage of such financial data.

(ii) Data collected automaticallyArtsoul also collects a range of information automatically, such as: characteristics of the access device, browser, IP (with date and time), IP origin, clickstream information, Pages accessed, the Pages next accessed after the exit of the PagesArtsoul may collect, among other things, any search terms typed on or in reference to the Websites. Artsoul will use certain standard technologies such as cookies, which are used for the purpose of improving Users' browsing experience on PagesArtsoul may use cookies in order to improve the User's browsing experience on Artsoul, in accordance with their habits and preferences.

The User can configure your browser to block the collection of data using some of these technologies. However, with the implementation of such settings, it is possible that some features of the pages may no longer function properly. The User hereby acknowledges that it is aware and agrees with the information collection, in the terms described in this Policy.

3 USE AND TREATMENT OF THE INFORMATION COLLECTED

The information collected by Artsoul is intended to improve the purchase experience of the User and to make possible the matching service mentioned at the beginning of this Policy, to expand or improve the functionalities and contents of the Pages to the User, adapting them to his/her preferences and tastes, as well as the creation of new resources to be offered to Users.

The information collected may also be used for for advertising purposes, in particular for sending cultural, gallery or exhibition space information by Artsoul to the User, or for Artsoul's research with the User.

Thus, User gives Artsoul free, express and informed consent to use the information obtained through the Pages for the purposes indicated above and detailed below, to personalise and improve User's access to the Pages, and accepts that this Policy shall govern the issue of privacy and data protection on the Pages. You further agree that the handling and use of all information collected on the Pages shall be carried out as described herein.

Caso não deseje mais receber informativos publicitários da Artsoul, o Usuário pode enviar e-mail para contato@artsoul.com.br ou pedir para deixar de receber a newsletter e publicidades.

4 SHARING OF INFORMATION

Given the nature of Artsoul's activity of disseminating culture and approaching the User to the art market supplier, principally galleries and other exhibition spaces, which involves working in partnership with other companies User acknowledges and accepts that Artsoul may share information collected through the Pagesin the following circumstances, which shall be in Artsoul's legitimate interest by virtue of its business related activities:

1. With the partner company(ies) that appear(s) on the platform and/or provide(s) services of offer and commercialisation or visits to the exhibition of works of art on the website, to forward an electronic message (e-mail) to one or more of them that have advertised on the website a work in which the User has expressed interest. Therefore, will be shared the necessary information to approach the User to the partner company(ies). Artsoul shall direct such partner(s) to use the information for the same purposes set out in this Policy.

1. With partner companies in the development of Artsoul's commercial or advertising activities, as well as with collaborators who write articles and interviews for the magazine, who will need them to prepare advertising bulletins and general communications to the User or to write more specific contents for the Pages. These partners and/or collaborators will be instructed to use the information for purposes that are appropriate to the terms of this Policy;

1. To protect Artsoul's interests in all types of disputes, including legal actions and administrative proceedings;

1. In the case of transactions and corporate changes involving Artsoul, in which case the transfer of information will be necessary for the continuity of services; or

1. By judicial order or at the request of administrative authorities with legal competence for its requisition.

Any sharing of the information collected on the Pages with third parties other than those presented herein will be previously informed to the Users, so that they may provide their prior consent to the sharing of the respective data.

5 SAFEKEEPING OF THE INFORMATION COLLECTED

Artsoul will store the information collected on its Pages on our own servers, or on servers contracted by us.

Artsoul adopts technical and administrative security measures to protect personal data from unauthorised access and accidental or unlawful loss, alteration, communication or disclosure or any other event arising from inappropriate or unlawful treatment in order to preserve the confidentiality of the data collected in its Pages. Among these measures are the following precautions:

1. Artsoul uses the SSL (Secure Socket Layer) security system, which, through certification systems, verifies the authenticity of the data provided by the users. Pages from the place where the data is provided, as well as guarantees the integrity and confidentiality of the data during its transmission; 
2. Artsoul has protection against unauthorised access to its systems;
3. Artsoul only authorises access to the location where the information collected is stored to previously identified persons; and
4. Those who contact us, whether because they are acting for Artsoul or because they fall under the sharing hypotheses (i) and (ii) described above, shall undertake to maintain absolute confidentiality. The breach of confidentiality will result in civil liability and the person responsible will be held liable in accordance with Brazilian law in force at the time of Acceptance by the User of this Policy.

Although Artsoul uses its best efforts to preserve the confidentiality of Users' data, it cannot fully guarantee that the information you transmit to our pages will not be subject to unauthorized access by methods designed to unlawfully obtain information.

6 EXCLUSION OR RECTIFICATION OF THE INFORMATION COLLECTED

The information collected by Artsoul through the Pages will be automatically deleted from our servers when it is no longer useful for the purposes for which it was collected.

No entanto, caso o Usuário deseje, poderá requerer a exclusão antecipada dos dados coletados, mediante solicitação encaminhada à Artsoul, pelo e-mail:contato@artsoul.com.br

Artsoul will use its best endeavours to comply with such requests in the shortest possible time. However, even in the event of a deletion request, the minimum storage period for application user information required by Brazilian law will be respected.

O Usuário deverá manter suas informações cadastrais atualizadas e, para tanto, deverá requerer a atualização, se necessária, dos dados e informações de sua identificação, incluindo, mas não se limitando, ao seu endereço de e-mail, mediante solicitação encaminhada à Artsoul, pelo e-mail:contato@artsoul.com.br, ou por meio de atualização direta   no site.

Final provisions:

We consider the rights of data subjects to be of the utmost relevance, which is why we strive to ensure that the rights over personal data provided by law (in particular, art. 18 of the General Data Protection Act - Law No. 13,709/2018) can be fully exercised by data subjects. Artsoul undertakes to respond to any request in this regard within the limits of applicable law.

7 LEGISLATION AND JURISDICTION

This Policy shall be governed, construed and enforced in accordance with the laws of the Federative Republic of Brazil, regardless of conflicts of these laws with laws of other states or countries being competent the Forum of the City of São Paulo, in the State of São Paulo, to the exclusion of any other, however privileged it may be, except in the case of a claim filed by User who fits the legal concept of consumer, who may file suit in the Forum of his place of domicile in Brazil, to resolve any doubt arising from this instrument. The User expressly consents to the jurisdiction of this court, and hereby waives the jurisdiction of any other jurisdiction, however privileged it may be or may become.

Last update of this Policy: 31/05/2022.