OFF MARKET GALLERY is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

The following information describes how we gather and use that data. The
amount of information we hold on you and how we use it depends on your
relationship with us and some of the sections below may not be relevant to you.

We will alter and update this Privacy Policy from time to time. The date of the most
recent update is stated at the bottom of this Privacy Policy.

This privacy policy sets out the principles that OFF MARKET GALLERY (ABN 21 686 331 479) will follow in the management of your personal information.  Your “personal information” is any information or opinion about you, or from which you are reasonably identifiable.

OFF MARKET GALLERY is committed to protecting the privacy of individuals and is bound by the Privacy Principles set out in the Privacy Act 1988 (the “Act”). OFF MARKET GALLERY will only collect, use, or disclose personal information in accordance with the Act and this privacy policy. The Privacy Principles and guidance from the Office of the Australian Information Commissioner are available on the website of the Office of the Australian Information Commissioner (www.oaic.gov.au).

OFF MARKET GALLERY’S DATA PRINCIPLES:

• We keep to a minimum the amount of information we hold about you.
• We use your data to respond to your enquiries and provide you with information that we believe you would like to receive about the Gallery, our artists, available artworks and our events (the lawful basis for this is “legitimate interest”).
• We also use your data to complete transactions with you on our website and
  also via our gallery and other affiliated businesses (the lawful basis for this is
  “contract”).
• We also use your data to communicate with you where you have signed up and opted in to receive information from us.
• We only hold your data for as long as necessary.
• We apply appropriate security mechanisms to protect your personal data.
• Our legitimate business interests are balanced with your interests, rights and
  freedoms and your consent.

COLLECTION AND USE OF PERSONAL INFORMATION

Personal Information is information or an opinion that identifies an individual.

OFF MARKET GALLERY will, from time to time, collect personal information in the course of its business. We may use your personal information for the following purposes:

• the purpose for which it was collected (and related purposes which would be reasonably expected by you);
• purposes to which you have consented; or
• as otherwise authorised or required by law.

In general, OFF MARKET GALLERY collects the following types of personal information about consumers: name, contact information (including postal and e-mail address and telephone numbers), gender, age and date of birth, artwork preferences, purchasing histories, credit card details and other information relating to a consumers’ dealings with us. We generally use this personal information to assist in the supply of products and services, for promotional purposes and for our internal administrative purposes.

OFF MARKET GALLERY collects personal information in a number of different ways including directly from a client when they provide it to us including :

• visits of our websites or gallery
• acquires artwork(s)
• responds to a survey;
• joins a mailing list or
• otherwise contacts us.

We may also collect personal information about consumers from publicly available resources or from third parties.

The Act defines some types of personal information as “sensitive information”. Personal information about a person’s racial or ethnic origin, political opinions, or memberships, religious or philosophical beliefs or affiliations, professional or trade association or union memberships, sexual orientation or practices, criminal record or health (including genetic and biometric information) is considered sensitive information. OFF MARKET GALLERY does not generally collect sensitive information about individuals.

It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up to date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

DISCLOSURE OF PERSONAL INFORMATION

We may disclose or provide access to your personal information to third parties in connection with the purposes described above. We may disclose your personal information:

• to third party contractors appointed by OFF MARKET GALLERY to perform services for us or on our behalf (such as marketing agencies, logistics provider, parties who provide credit card processing services and website and data hosting providers);
• to our professional advisors, accountants, insurers lawyers and auditors on a confidential basis;
• in certain circumstances, to third parties that require information for law enforcement or to prevent a serious threat to public safety;
• as required or authorised by law; or
• otherwise with your consent.

OFF MARKET GALLERY requires our contractors to keep personal information confidential and not to use or disclose it for any purpose other than performing services for us or on our behalf. You should be aware that some information that you upload to parts of our websites or to our social media pages may be available to be viewed by the public. You should use discretion in deciding what information to upload to such sites.

DIRECT MARKETING

Direct marketing involves communicating directly with you for the purpose of promoting the sale of goods and services to you. Direct marketing can be delivered by a range of methods including mail, telephone, email or SMS. We may use and disclose your personal information for the purpose of sending you direct marketing materials where:

• you have consented to us doing so; or
• it is otherwise permitted by law.

You can unsubscribe from receiving direct marketing materials from us at any time by contacting us at art@offmarketgallery.com.au

SECURITY

OFF MARKET GALLERY will take reasonable steps to keep any personal information we hold about you secure. However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to your personal information. Please notify us immediately if you become aware of any breach of security.

SEEKING ACCESS

You have the right to seek access to personal information which OFF MARKET GALLERY holds about you or to update or correct that information.  There are a limited number of circumstances in which OFF MARKET GALLERY may decline to grant such access. These are set out in the Act. OFF MARKET GALLERY will grant access to information in accordance with the Act. To request to access, verify, correct, or update any personal information we hold about you, please contact us in writing at art@offmarketgallery.com.au

OFF MARKET GALLERY will endeavour to acknowledge such requests as soon as practicable. If OFF MARKET GALLERY is required to or otherwise agrees to grant access to the personal information, we will give access within a reasonable period. OFF MARKET GALLERY will notify you of the method by which it will give you access to the information. OFF MARKET GALLERY will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information, where permitted by law. In order to protect your Personal Information, we may require identification from you before releasing the requested information.

If OFF MARKET GALLERY refuses to grant access to personal information, we will inform you of the grounds on which access is denied and advice you of your options to seek to have that decision reviewed.

COMPLAINTS ABOUT PRIVACY

If you are concerned that OFF MARKET GALLERY may have breached its privacy obligations, the Act or this privacy policy please contact us. When contacting us, please provide as much detail as possible in relation to your issue or complaint. All complaints will be taken seriously and will be assessed with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information we may require.

If you are not satisfied with our handling of your complaint, you may refer the issue to the Office of the Australian Information Commissioner (at enquiries@oaic.gov.au).

QUESTIONS ABOUT PRIVACY

If you have any questions or concerns about OFF MARKET GALLERY’s collection, use or disclosure of your personal information or if you would like to access, update or correct the information we hold about you please contact OFF MARKET GALLERY, 29 Airlie Street Claremont WA 6010 or by email art@offmarketgallery.com.au