SandboxGallery Privacy Policy

1- Definitions

1.1  Any capitalised terms not defined in this Privacy Policy have the same definition and meaning as in the Terms of Use of SandboxGallery accessible here

“Personal Data”        means all information relating to an identified or identifiable private person or legal entity
“Subscriber”               means a Visitor who has a subscription account with SandboxGallery
“User”                          means both Visitor and Subscriber.
“Visitor”                      means any private person or legal entity Viewing the Platform.

 2 - Introduction and Agreement of this Privacy Policy

2.1  SandboxGallery provides 3D online galleries to enhance the way Subscriber showcases and promotes his/her Content: SandboxGallery offers artists a selection of pre-built galleries for the presentation and online distribution of their work; additionally, SandboxGallery offers galleries and/or curators the service of replicating their own museum or gallery online to promote their exhibits.

2.2  The scope of this Privacy Policy is to agree how SandboxGallery may use the Personal Data obtained from User when User Accesses the Platform. This Privacy Policy is incorporated by reference into the Terms of Use.

2.3  User shall read this Privacy Policy carefully. By Accessing the Platform User agrees to this Privacy Policy. If User disagrees complying with the terms of SandboxGallery, User shall not be granted the right to Access the Platform.

2.4  This Privacy Policy may be changed or updated from time to time by SandboxGallery. SandboxGallery will inform User via his/her contact information and/or via the Platform about any changes to these terms. If Visitor disagrees with the updated Privacy Policy, he/she must cease Accessing the Platform immediately. If Subscriber disagrees with the updated Privacy Policy, he/she must cease Accessing the Platform within fourteen (14) days.

2.5  Activities beyond the Platform are governed by the terms and/or privacy policy of such third party activity provider. SandboxGallery cannot influence the way Personal Data is transmitted by third party providers. User shall refer to the contractual data protection clauses of his/her network operator to find out more about the purpose and scope of the data collection and the further distribution and use of User’s Personal Data by his/hers operator, as well as about the possibilities the operator grants User to protect User’s privacy.

2.6  Section headings in this Privacy Policy have been included for convenience of reference only and will not limit the scope or effect of any section.

3 –  Personal Data 

3.1  When Visitor Views or Subscriber signs up for an account or Posts on the Platform they voluntarily provide certain Personal Data to SandboxGallery. Such Personal Data can include Visitor’s IP address and/or Subscriber’s name, gender, email address and billing information Subscriber used to sign up, and any other information User may provide to SandboxGallery.

3.2  SandboxGallery may receive certain Personal Data about User, being from social media networks or otherwise. SandboxGallery may also collect Personal Data which User actively provides, such as, for instance Personal Data that User writes on SandboxGallery’s social media pages (or Personal Data User exposes by ‘liking’ or ‘following’ SandboxGallery’s pages or channels), and/or provides on other services. Such Personal Data is considered public, and may be collected by third parties beyond SandboxGallery’s control. Any Personal Data User exposes when contacting SandboxGallery, via email or otherwise, may also be collected.

3.3  SandboxGallery may collect User’s IP address and other Personal Data about User’s activities on the Platform. For example, SandboxGallery may record how many times User Accesses the Platform or what Content User Accesses, and/or what device User uses. SandboxGallery may place cookies on User’s device for identification purposes and to increase usability and user experience. User may opt not to have cookies installed on his/her device, in which case User’s usability and user experience of the Platform may be limited.

3.4  At some point, User may decide to refer the Platform to others. Should this be done through the Platform or any other system of SandboxGallery the Personal Data may be collected from such activity.

3.5  The Platform integrates functions (so called plugins) of various third party operators of social media platforms (e.g., Facebook, Twitter, Google+). Those plugins allow visitors to share content in social networks. If a plugin appears while Accessing the Platform (e.g., the Facebook “like” button), a connection to the servers of the corresponding operator is automatically established. In such case Personal Data about the Access to the Platform may be transferred to such third party operator. If User is logged into the network of the third party operator while at the same time Accessing the Platform, Personal Data can be assigned to User’s social network account (e.g. User’s Facebook, Twitter or Google+ account).

3.6  SandboxGallery uses third party services to analyse surfing behaviour of its users (e.g. Google Analytics). Those third parties may process the surfing data visitors create on the Platform. Data collected this way is being transferred anonymously to servers of those third parties, also outside Switzerland, in particular to the U.S.A.

4 – Use of Personal Data

4.1  SandboxGallery intends to use the Personal Data it collects about User to provide to User, and to grant him/her Access to, the Platform, and to support User in any purchase of the Content. In addition, SandboxGallery may use User’s Personal Data for the following purposes:

-     Improvement of the Platform: For example, if SandboxGallery sees that it has many Visitors or Subscribers from a certain region, SandboxGallery may choose to improve those Visitors’ and Subscribers’ experience by using the Personal Data.

-     Communications: SandboxGallery may use the Personal Data it collects to contact User. For example, this may be for Platform promotional offers Platform related news. SandboxGallery will use commercially reasonable efforts to keep these communications simple, clear, and at an appropriate rate, as deemed reasonable by SandboxGallery. User may opt out from SandboxGallery’s communications by sending an e-mail to mail@sandboxgallery.com.

-     Law: If, by law, SandboxGallery is required to disclose Personal Data, SandboxGallery will do so. Such disclosure may be to law enforcement, lawyers, courts, judges, or other parties. SandboxGallery may also transfer Personal Data in case SandboxGallery has decided to engage in a legal proceeding against User. This may happen, for example, if User has violated the Terms of Use or engages in activity contrary to the interests of SandboxGallery. SandboxGallery may also share or transfer Personal Data in case SandboxGallery has reason to believe that by doing so illegal or harmful or malicious activity may be prevented.

4.2  User agrees that (i) User’s Personal Data may be accessed in, transferred to, and used in countries with laws that may not guarantee the same level of data protection as in Switzerland; and (ii) that SandboxGallery may also engage third parties to manage or maintain User’s Personal Data.

5 General Provision

5.1   If any provision of this Privacy Policy is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Privacy Policy will remain in force.

5.2   To the extent permitted by applicable law, User may not bring an action arising out of this Privacy Policy, regardless of form, more than one (1) year after the cause of action has accrued.

5.3  This Privacy Policy is governed by Swiss law, without regard to the conflict of laws provisions

5.4  Disputes arising under, or in connection with, these Terms shall be exclusively subject to the jurisdiction of the competent court of Zurich 1, Switzerland.

6 Contract

6.1  Questions about this Privacy Policy or User’s Personal Data may be addressed to SandboxGallery at mail@sandboxgallerx.com

GalleryLab LLC, Version 1, 1 March 2014