Privacy and Cookie Policy

Effective as of September 21, 2021

Goretti Fine Art, LLC (“Goretti”) and www.gorettifineart.com (the “Site”) have established this Privacy Policy and Cookie Policy (collectively, the “Policy”), as may be amended from time to time, to govern how Goretti collects, processes and/or uses information that Goretti requests, receives and/or otherwise collects via the Site. Goretti is hereby providing this Policy to inform Users how Goretti collects, processes, uses, shares and secures the personal information Users provide and to describe Users’ choices regarding use, access, and correction of their personal information. For purposes of this Policy, “Personal Information” shall mean and include any information relating or pertaining to an identified or identifiable natural person. This Policy does not apply to information that Goretti collects through other channels, such as information collected offline, from other websites or from emails sent by Users to Goretti, unless Goretti expressly states at the time of collection that this Policy applies.

1. Information Goretti Collects.

Goretti collects information about Users to provide the services offered on the Site. In order for Goretti to best provide these services to Users, it is essential for Goretti to collect and use the information described in this Policy. Goretti may collect the following information:

• Internet, application, and network activity, such as cookie IDs and browser units.

• Purchase history, namely Purchases that Users have completed and/or returned.

• Individual User preferences and characteristics.

• Financial information, such as credit and debit card numbers.

• Contact information and such other information as is necessary (i) to facilitate the processing and fulfillment of Purchase(s) made by Users on the Site and (ii) for Users to receive requested correspondence from Goretti.

• Such other information as may be necessary for Goretti to operate the Site and provide the services on the Site to Users.

2. Information Users Give Goretti.

When Users access the Site or provide Goretti with Personal Information, Goretti collects that information for processing and use in accordance with this Policy. Because Goretti may change its offerings and features on the Site, the options Users have to provide Goretti with Personal Information may also change. Below are examples of situations in which Users may provide Personal Information to Goretti:

• Signing up for emails from Goretti.

• Completing a form related to Goretti’s Art or Site Offerings.

• Sending messages or emails to Goretti.

• Contacting Goretti for technical support or customer service.

Depending on how Users interact with the Site, the Personal Information that Goretti collects from Users may vary. Goretti collects and stores certain information associated with actions Users take, such as the time and duration of Users’ activity on the Site and other information about Users’ behavior on the Site. The information Goretti is collecting is necessary for Goretti to operate the Site and to provide Users with the services on the Site.

If Users enter credit card information on the Site in connection with a purchase, that information is sent directly from the User’s browser to the third-party service provider Goretti uses to manage credit card processing and Goretti does not store any such information on its servers. The service provider is not permitted to use the information that Users provide except for the sole purpose of credit card processing on Goretti’s behalf.

3. Information Goretti Collects Automatically.

The type of information Goretti collects by automated means generally includes technical information about a User’s computer, such as their IP address or other device identifier, the type of device the User is using and the operating system version. The information Goretti collects also may include usage information about a User’s interaction with the Site, such as the URLs the User visited, URLs of referring and exiting pages, page views, and other information about how a User used the Site.

An overview of information that Goretti automatically collects is as follows:

(i) Cookies. Goretti uses technologies such as cookies, locally shared objects (sometimes called “flash cookies”) and other similar technologies (collectively, “Cookies”) to operate the Site. For more information on Cookies and how Goretti uses them, please see the Cookie Policy set forth below in this Policy.

(ii) Log File Information. Log file information is automatically reported by User’s browser or mobile application each time a User accesses the Site. When Users access the Site, the Site’s servers automatically record certain information that the User’s web browser sends when the User visits any website. These server logs include information such as the User’s web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, and pages viewed.

(iii) Device Information. Goretti collects information about the devices that Users use to access the Site, including the type of device, operating system, settings, unique device identifiers, and IP address. What portion of this information is collected depends on what type of device Users are using and the device’s settings. Different types of information are available depending on whether a User is using a Mac or PC or using an iPhone or Android phone.

4. How Goretti Uses Information.

Goretti uses the information collected to provide its services. For the Site to function and for Goretti to provide its services, it is essential that Goretti collect and use the information described in this Policy. 

Goretti may use the information collected through the Site for a number of purposes, such as:

• To process and fulfill Purchases from Users and/or to provide customer service to Users.

• To protect the security and integrity of the Site and help prevent fraud.

• To update the Site’s operational and technical functionally.

• To fulfill Goretti’s legal functions or obligations.

5. How Goretti Shares Information.

User’s Personal Information may be disclosed to third parties in the following ways:

• With Goretti affiliates, namely any entity that directly or indirectly controls, is controlled by, or is under common control with Goretti. Such affiliates may process Personal Information either (1) at Goretti’s direction as a processor under a contractual relationship or (2) where Goretti believes it is necessary for a legitimate interest.

• If Goretti determines such disclosure is necessary (1) to comply with applicable laws or to respond to subpoenas, warrants or other legal processes served on Goretti; (2) to enforce Goretti’s Terms and this Policy; (3) when Goretti believes disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity; (4) as Goretti otherwise deems necessary and is permitted by applicable laws.

• If Goretti or its assets are sold or otherwise reorganized, Users’ information may be transferred to the acquirer; provided, User’s information should be handled in accordance with this Policy and applicable law.

• With such third-parties as is necessary to complete and fulfill any User Purchase made on the Site.

6. Links to Third Party Sites/Third Party Services.

The Site may contain links to third-party websites (the “Third-Party Website”) with such Third-Party Websites not being monitored or under the control of Goretti in any way and for which Goretti has no responsibility or liability, including but not limited to any link which may be contained in any Third-Party Website or any changes or updates to any Third-Party Website. Any interaction any User has with any Third-Party Website (or any links contained therein) is at the User’s sole and absolute risk.

To the extent that any links to any Third-Party Websites are provided on the Site, such links are provided solely as a convenience or added benefit to the Site experience, and the inclusion of any link does not imply any endorsement, adoption, sponsorship of, or affiliation with any Third-Party Website by Goretti or any of its affiliates.

Certain services may be made available on the Site by Goretti via Third-Party Websites and/or other third-party organizations. If Users utilize or request any product, service or functionality originating from the Site, Users hereby acknowledge and agree that Goretti may share information and data provided by the User to Goretti with such Third-Party Website or organization in order to facilitate or otherwise provide the requested product, service or functionality on behalf of the User.

7. The Legal Basis on Which Goretti Processes Users’ Personal Information.

Goretti collects and processes User’s Personal Information in accordance with several different legal bases, depending on the nature of the Personal Information provided and the type of processing involved.

(i) Performance of a Contract. Most of the Personal Information processed by Goretti is necessary for the performance of Goretti’s agreements with Users (such as the Terms and this Policy) or at the request (or with the consent) of the User, including but not limited to Purchase(s) made by Users on the Site.

(ii) Compliance with a Legal Obligation. Personal Information from Users may need to be processed by Goretti in order for Goretti to comply with a legal obligation.

(iii) Consent. Goretti may also rely on User’s consent to process their Personal Information. Where Goretti requires User consent to collect and process Personal Information, Goretti will seek such User consent at the time the Personal Information is requested from the User, and processing will be performed only where consent has been received from the User, unless Goretti has another legal basis on which to rely.

8. Cookie Policy.

Cookies are small pieces of data that are stored on Users’ devices when Users first visit a webpage. Goretti uses Cookies to operate the Site, provide the services offered on the Site to Users, and for other strictly necessary purposes. Cookies may also be set by other websites or services that run content on the webpage a User is visiting. The only Cookies that Goretti places on a User’s device are to operate the Site and perform its services on the Site.

Goretti uses “session cookies” and “persistent cookies.” Session Cookies are temporary Cookies that remain on a User’s device until the User leaves the Site. A persistent Cookie remains on the User’s device until it is manually deleted, which depends on the duration or “lifetime” of the specific Cookie and the User’s browser settings. Goretti only uses Cookies that are strictly necessary to operate the Site and to provide the services offered on the Site, and Users cannot opt out of these Cookies.

9. Users’ Privacy Rights.

If Users wish to submit a data rights request to access, correct, delete, export, rectify, update, or ask questions about their Personal Information, they may do so. The User’s name and email address will be requested by Goretti in order to process this request and Goretti may also take additional steps to verify the User’s identity. Similarly, if Goretti has collected and processed a User’s Personal Information with their consent, the User can withdraw such consent at any time. Withdrawing consent will not affect the lawfulness of processing any Personal Information that was conducted prior to such withdrawal, nor will it affect Goretti’s right to process any Personal Information based on other legally permissible grounds, besides User consent.

Goretti does not discriminate against Users that exercise these privacy rights. Goretti will respond to requests from Users wishing to exercise such rights within a reasonable timeframe. Notwithstanding the foregoing, Goretti reserves the right to keep any information in its archives that Goretti may deem necessary to comply with its legal obligations, resolve disputes and enforce our agreements or for any other legally permissible reason.

10. How Long Goretti Keeps Users’ Personal Information.

Goretti will keep User’s Personal Information as long as needed to operate the Site, perform the services offered on this Site and to fulfill the purposes described in this Policy. Retention periods may vary significantly based on the type of information and how such information is used. Goretti’s retention periods are based on criteria that include legally mandated retention periods, pending or potential litigation, Goretti’s intellectual property or ownership rights, contract requirements, and historical archiving. When Goretti no longer needs the Personal Information for the aforementioned reasons, Goretti will remove it from its systems.

11. Security Safeguards.

Goretti employs physical, electronic, and managerial measures to safeguard the Personal Information that Goretti collects online. However, no company can fully eliminate security risks, so Goretti makes no guarantees about any part of its Site or the services offered thereon.

As stated in the Terms, Users must be at least 16 years of age to use the Site. If Goretti becomes aware that someone under the age of 16 has provided Goretti with Personal Information without parental consent, Goretti will remove such information associated with such person. 

12. Updates to Our Privacy Policy.

Goretti may revise this Policy from time to time by posting an updated version on the Site. The revised Policy will be effective immediately. Goretti encourages Users to periodically review this page for the latest information on this Policy. User’s continued use of the Site is subject to the most current effective version of this Policy. If Users object to the Policy, they may no longer use the Site. Any capitalized terms used in this Policy but not otherwise defined shall have the meaning set forth in Goretti’s Terms of Use, which is available for all Users on the Site.