ATOLL
PRIVACY POLICY
Last Updated: March 01, 2022

This Privacy Policy ("Policy") describes how AtollArt Inc. (“Atoll” or “we” or “our” or “us”) collects, stores, shares, and uses information, and your choices about privacy when you use our website, products, and services (collectively, “Services”). Your privacy is important to us, and we ask that you read this Policy carefully to be informed about our practices.

This Policy is part of our Terms of Use. Any capitalized terms that are used but not defined in this Policy have the same meaning as in our Terms of Use. By accessing or using our Services in any way, you agree that your information may be collected, stored, shared, and used as described in this Policy and our Terms of Use.

By using our Services, you consent to the collection, use and sharing of your Personal Information as outlined in this Policy. You may withdraw consent at any time in writing, however such withdrawal does not negate our right to process your data prior to your withdrawal.
This Policy applies to all of our Services, regardless of how you use them, for both Users who registered for an Atoll account and not. This Policy applies to how we collect, store, share, and use information. This Policy does not apply to any entity that we do not own or control, or to any person that we do not employ or manage. If, at any time when using our Services, you are directed to a third-party site, you understand and agree that the policies of the third-party site will be applied. For the avoidance of doubt, any third-party with whom we share Personal Information is expected to provide the same or equal protection of Personal Information as stated in this Policy.
APPLICATION OF THIS
PRIVACY POLICY
Information You Provide: We may collect the information provided by you (name, email address, home address, phone number, etc.) or otherwise made available to us when you access or use our Services, including when you:

  • fill in any forms on our Services, such as when registering for an Atoll account or updating your account or User profile information;
  • access or use our Services, such as when you search for or view artwork or other items, follow artists, place bids in an auction or otherwise perform transactions, or communicate with other Users (including information you provide on or through our Services, information on how you access or use our Services, e.g. which features you use and when);
  • link your Atoll account to your account on another social media service (including when you sign up for our Services or sign into our Services through another social media), in which case we may obtain your username on that service and other information you make publicly available through that service, which may vary depending on your settings on that service; or
  • communicate with us.

Automatically Collected Information: We may automatically collect certain information about how you access or use our Services, and by using our Services you consent to such collection of information. Examples include but are not limited to: internet browser, operating system, device and application identifiers, IP address and geo-location information, access times and dates, referring and exit pages and URLs, clickstream data, search terms, pages viewed, time spent on pages, bounce rate and login frequency.

Information from Cookies, Web Beacons and Similar Technologies: We may collect information through cookies, web beacons and similar technologies. These technologies help us to operate, improve and customize our Services, Content and marketing, for example, by helping us to better understand how Users access and engage with our Services, Content, emails and ads. We may also use third-party service providers (such as analytics or ad providers) that may use cookies, web beacons and similar technologies to help operate their services. You may choose to decline cookies if your browser allows it, but please note that some of our Services may not be available after that, as some of our Services require cookies to operate. For more information about cookies, web beacons, similar technologies, and how they are used, please see our Cookie Policy below.

Information from Other Sources: Atoll may obtain information about you from third-parties (such as other companies with which we may jointly offer services or conduct promotional events), third-party service providers, credit organizations or other sources, including but not limited to demographic information, contact information, open data, publicly available data and credit check information. We may use this information for legitimate business purposes, including the performance of a contract, customer support, fraud prevention, and credit-related decisions in connection with our Services, along with other purposes described in this Policy.

Information from Mobile Use: When you access our Services on a mobile device, for example, when you download or use an Atoll mobile application or visit our website from a mobile browser, we may obtain information about your location and mobile device, including a device’s unique identifier which may be used for legitimate business purposes. Along with the other purposes described in this Policy, we may use this information in order to customize our Services, Content and marketing for your location. Most mobile devices let you disable location services, and your choices for location services may vary depending on your mobile device.
INFORMATION TYPES
The information we collect helps us to operate, improve, protect, and customize our Services, as well as develop new Services. The information we collect also helps us provide customer support and make our Services more efficient for you and other Users.

For the sake of transparency, it is our responsibility to outline for you the legitimate business purposes for the collection of information and the reasons of doing so, to enable you to make an informed decision regarding the use of our Services.

In addition to the other uses of information described in this Policy, we may use all of the information that we obtain from or about Users for the following purposes and reasons:

  • to provide our Services to you, including new Services we develop later (reason: legitimate business purpose and performance of a contract);
  • to provide you with customer support (reason: legitimate business purpose);
  • to facilitate your communications or transactions with Atoll (reason: to receive consent, and for legitimate business purpose);
  • to operate, improve, and customize our Services, Content, and marketing, to develop new Services, and to understand how you use and interact with our Services and Content, and the products, services, and Content of others (reason: legitimate business purpose);
  • to develop and display more customized Content and ads to you on or off our Services (reason: to receive consent, and for legitimate business purpose);
  • to promote and maintain a trusted, safer, and more reliable environment on our Services, for example, to help detect, prevent or otherwise address fraud, security or technical issues, conduct investigations or risk assessments, or verify actions taken by you or associated with your account (reason: to protect the public interest and for legitimate business purpose);
  • to contact you (by email, post, telephone, mobile devices, SMS text message, or other method authorized by you) in order to address issues with your account or use of our Services, collect fees, send you updates about our Services or policies, or for other purposes permitted by law (reason: performance of a contract and for legitimate business purpose);
  • to contact you (by email, post, telephone, mobile devices, SMS text message, or other method authorized by you) in order to send you marketing communications, promotional messages, and offers about our Services and Content, and the products, services, and Content of others (see below for how to refuse receiving certain communications from Atoll) (reason: to receive consent, and for legitimate business purpose);
  • to facilitate your participation in contests, sweepstakes or other promotional events sponsored or conducted by us or by others in conjunction with us (reason: performance of a contract);
  • to comply with our legal obligations, resolve disputes, or enforce our Terms of Use or any other Atoll policies or agreements with Users (reason: compliance with a legal obligation);
  • to perform other functions as described when the information is collected or requested, or for other purposes with your prior consent (reason: legitimate business purpose).
PRINCIPLES OF COLLECTING
AND USING INFORMATION
We provide registered Users with settings on our Services to choose which communications to receive from Atoll. If you wish not to receive marketing email from us, you can unsubscribe by following the unsubscribe link in the email you received, changing your preferences in your profile and account settings (if you are registered for an Atoll account), or emailing us at hello@atoll.art. You may not be able to opt out of receiving some communications from Atoll, such as email about your account, your relationship with us, or your transactions with Atoll or other Users. For further information, contact us at hello@atoll.art. Please note that unsubscribing from receiving emails from Atoll may result in a less robust experience of our Services.
COMMUNICATION PREFERENCES
Registration, Access and Records: To register for an Atoll account, you will need to provide your full name and a valid email address. If you have our permission to use our Services as a business, you may need to complete an additional registration process and provide additional information. If you have
an Atoll account, you may access, add, remove or update certain information about you in your profile and account settings, as indicated on our Services. It is the User’s responsibility to update all such information as necessary to keep it accurate and current. When you update your account or profile information, we may keep a record of the unrevised information for purposes consistent with this Policy. If you wish to terminate your account, you may do so by using the tools provided in your profile and account settings, subject to any other agreements between you and Atoll and any transactions which have not yet been completed. If you terminate your account, we may keep a record of any or all information associated with you or your account, as required or permitted by law, for purposes consistent with this Policy; any such data shall be assigned a unique identifier which cannot be used to identify you; specific account data that includes Personal Information including your name, e-mail, contact information, and certain other records such as settings will be removed at such termination. For further information, please contact us at hello@atoll.art

Data Retention: We will keep and use your data as described in this Policy for as long as your account is in use, is open, or is active; as long as is necessary to comply with any tax, legal, and/or other regulatory requirements; and to protect and defend against potential legal claims. If you would like your personally identifiable information to be deleted or returned to you, please contact us at hello@atoll.art. By deleting your data from our Site, you understand that you will no longer be able to use our Services. We will retain your anonymized, aggregated, depersonalized data after it has been deleted from our Site.
ACCOUNTS
AND USER PROFILES
Personal Information. Under this Policy, "Personal Information" means information that by itself can be used to identify or contact a specific person (e.g. such person’s name, email address, postal address or phone number), and Personal Information does not include information that has been aggregated or made anonymous so that by itself it no longer identifies and can no longer reasonably be used to contact a specific person. In certain circumstances, Personal Information may also include information you voluntarily provide to Atoll, such as artists you choose to follow. We will only share your Personal Information with others in the ways described in this Policy, or otherwise with your prior consent. In addition to the other sharing of Personal Information described in this Policy, we may share your Personal Information with others in the following contexts.

  • Service Providers: We may contract with third-party service providers that help us provide our Services, or that perform services for us related to our Services, and they may process your Personal Information as necessary to perform those functions for us. Examples may include but are not limited to: identity verification, document authentication, public database review, order fulfillment, package delivery, payment processing, bill collection, fraud investigation, email and postal mail administration, customer service assistance, web and mobile data analytics, display ads, and server and database hosting services. For the avoidance of doubt, we do not sell your Personal Information to our Service Providers.
  • Payment Processing: We may use third-parties to gather your data from financial institutions. By using our Services, you grant our third-party providers the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution according to terms of such third-party providers' privacy policies and service terms.
  • Business Transfers: If we are involved in a merger, acquisition, or sale of assets, your Personal Information may be one of the assets transferred. In this event, if you have registered for an Atoll account, we will notify you of the change of ownership in an email sent to the latest email address provided in your Atoll account.
  • Legal Purposes: We may access, preserve, and disclose your Personal Information and/or other information if we believe that such access, preservation or disclosure is reasonably necessary to: (i) comply with any law, regulation, legal process or governmental request (such as search warrants, subpoenas or court orders), which may include responding to legal requests from jurisdictions outside the United States; (ii) enforce our Terms of Use or our other policies or agreements with Users, or investigate potential violations; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) protect or enforce the rights or property of Atoll, you, or any other person or entity; or (v) prevent physical harm to any person, including situations involving possible violence or self-harm.
HOW ATOLL SHARES PERSONAL INFORMATION
We may aggregate and/or make anonymous any Personal Information that we have obtained in any way from or about you or others so that such information no longer contains any Personal Information. We may use and share any aggregated, anonymous or other non-personally identifying information for any legitimate business purposes, including research and development, marketing, and to inform others about how our Services or Content are engaged with or used.
AGGREGATED
AND NON-PERSONAL INFORMATION
If you use our marketplace or register for certain Services, you may need to provide payment information, such as a credit card number, type and expiration date. We do not intentionally store credit card information entered on our Services. This information is stored by a third-party payment processor, and the use and storage of this information will be subject to the payment processor’s own terms of service and privacy policy. We do receive certain information from the payment processor, including a unique token that we associate with you to authorize your purchases, and in certain cases, the last four digits of the credit card number associated with that token, in order to help prevent fraud and identity theft. If you do not wish to provide payment information, you will not be able to use certain Services on our Site.
PAYMENT INFORMATION
Our Services may include links to other websites or services that we do not own or control, and other websites or services that we do not own or control may include links to our Services. Our Services may also include features that enable you to link your Atoll account to your account on other social media services. For example, you may be able to sign up for (or sign into) our Services through another social media service. Our Services may also include features that enable you to share Content on other websites and social media services. However, these links and features are not an endorsement by us of any other websites or services, or any of their privacy policies or practices. When you visit or use other websites or services, they may collect information from you, including through cookies, web beacons or similar technologies. Please read the privacy policies of other websites and services that you visit or use to be informed of their practices.
OTHER WEBSITES
AND SERVICES
Atoll is headquartered in the United States. Our Users, service providers, and other third parties you may interact with in connection with our Services, may be located in the United States and other countries around the world, including countries that may not offer the same level of protection for Personal Information as that offered in the United States. By accessing or using our Services in the United States or any other country or jurisdiction, you agree that your information may be transferred and processed in the United States and any other country or jurisdiction.
INTERNATIONAL
PROCESSING
Our Services are not directed to children under the age of 16, and we do not knowingly collect Personal Information from people in this age group. If you believe we may have collected Personal Information from anyone under the age of 16, please contact us.
CHILDREN’S INFORMATION
Every Atoll account is protected by a password to help maintain privacy and security on our Services. If you register for an account, we urge you to use a strong password containing unique numbers, letters and special characters, and to protect the confidentiality of your password at all times. If you suspect or become aware of any unauthorized access to or use of your account or password, you agree to immediately notify us and change your password. Please note that while we seek to protect your information and maintain the security of our Services, due to the possibility of hardware or software failure, unauthorized entry or use and other factors, we cannot guarantee the security of any information, whether online or offline. Any transmission of information is at your own risk. Please also note that any information you provide to us via email is unencrypted.
SECURITY
Some jurisdictions have laws that give people the right to access or correct their Personal Information held by a company. We will honor any statutory right you may have to access or correct your Personal Information that we have in our records, and you can email such requests to hello@atoll.art. Once we receive your request, we will let you know if an administrative fee will apply to fulfill your request, as permitted by applicable law. However, please note that even if you have a legal right to request access to information or to correct information, as permitted by applicable law, we may reject requests that are unreasonably repetitive, would require disproportionate technical effort (for example, developing a new system or materially changing an existing practice), would jeopardize the privacy of others, or would be extremely impractical to fulfill (for example, requests to access information located on backup systems).
STATUTORY REQUESTS
If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “Personal Information” (in this section, all terms as defined in the California Consumer Privacy Act ("CCPA")).

Categories of Personal Information we collect. Throughout this Policy, we discuss in detail the specific pieces of Personal Information we collect from and about users. Under the CCPA, we are also required to provide you with the “categories” of Personal Information we collect. The categories, and some examples of what we may collect, are:

  • Identifiers; we may collect, e.g., name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers
  • Customer records information; we may collect, e.g., name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, bank account number, credit or debit card number, other financial information, medical information, or health insurance information
  • Characteristics of protected classifications under CA or federal law; we may collect, e.g., gender identity or age
  • Commercial and financial information; we may collect, e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
  • Internet or other electronic network activity information; we may collect, e.g., browsing history, search history, or information regarding a consumer’s interaction with an Internet website, application, or advertisement
  • Geolocation data; we may collect, e.g., city, state, and ZIP code associated with your IP address or derived through Wi-Fi triangulation; and, with your permission in accordance with your mobile device settings, based on your mailing address
  • Inferences that could be used to create a profile about a consumer reflecting the consumer’s preference, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
  • Other Information, e.g., any other information you choose to directly provide to us in connection with your use of the Services

How we use your Personal Information. We use and share the categories of Personal Information we collect about you consistent with the various business purposes we discuss throughout this Policy, as described in the “How we Use the Information we Collect and the Reasons for Doing So” and “With Whom do we Share Personal Information?” sections above.

CCPA rights disclosure. If you are a California resident, the CCPA allows you or an authorized agent on your behalf to make certain requests about your Personal Information. Specifically, the CCPA allows you or your agent to request:

  • Right to know. Information about the categories of Personal Information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your Personal Information; and the categories of third parties with whom we share/disclose Personal Information. Such information is also set forth in this Policy.
  • Customer records information; we may collect, e.g., name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, bank account number, credit or debit card number, other financial information, medical information, or health insurance information
  • Right to access. Provide access to and/or a copy of certain information we hold about you and that we have collected about you during the past twelve (12) months.
  • Right to request deletion. Delete certain information we have about you.
  • Information about the financial incentives that we offer to you, if any.

Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Services to you. We also will take reasonable steps to verify your identity before responding to a request. You are also permitted to designate an authorized agent to subject certain requests on your behalf. To verify that your agent has been authorized to make a request on your behalf, we may require them to provide us with a signed written authorization or a copy of a power of attorney.

Right to non-discrimination. The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.

Right to opt-out of the sale of Personal Information. If you are a California resident, the CCPA allows you to opt-out of the sale of your Personal Information. To opt-out of such sales, please click on “Do not sell my Personal Information” in the footer of our website and confirm your decision.

If you would like further information regarding your legal rights under California law or would like to exercise any of them, please contact us at hello@atoll.art or click on “Do not sell my personal information” in the footer of our website and fill out the form.

Shine the Light. The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of Personal Information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your Personal Information with third parties for their own direct marketing purposes, except with your consent.
PRIVACY INFORMATION
FOR CALIFORNIA
RESIDENTS ONLY
As this Policy is part of our Terms of Use, any disputes involving you and us that relate to privacy or the use of your information, and that arise out of or are related to this Policy or our Services, will be subject to our Terms of Use, including any provisions regarding the limitation of damages and liability, choice of law, and dispute resolution.
DISPUTE RESOLUTION
We reserve the right to change this Policy, including our Cookie Policy, without prior notice, at any time at our sole discretion. Including, without limitation, to reflect changes to the law or changes to our Services. All changes to this Policy will become effective when posted on our Services, or at such later date as may be specified in the updated Policy. We will notify you of any changes to this Policy by posting the updated Policy on our Services, and you agree to review this Policy regularly and inform yourself of all applicable changes. By continuing to use our Services after any changes to this Policy become effective, you agree to such changes and the updated Policy. Unless we notify you otherwise, the current version of this Policy will apply to all information that we have about you or your account.
CHANGES TO THIS PRIVACY
POLICY
Cookies, Web Beacons, and Similar Technologies: We may use cookies, web beacons and similar technologies, such as tracking URLs, to collect information about how you or others access or engage with our Services, Content, emails, and ads displayed on or off our Services, and to operate, develop, improve, and customize our Services, Content, and marketing, including ads displayed on or off our Services. Most browsers automatically accept cookies, but your browser may have settings that enable you to decline or delete cookies on your device. Please note that if you decline cookies, you may not be able to sign in, customize, or use some of the interactive features of our Services, as some of our Services require cookies to operate.

About these Technologies: “Cookies” are small data files placed on your computer or other device which record information. For example, a cookie could enable our Services to recognize your browser, while another cookie could store your account preferences and other information to help make our Services more customized. We may use two kinds of cookies, “session cookies” and “persistent cookies.” Session cookies normally expire when you close your browser, while persistent cookies remain on your device until they expire or are deleted. “Web beacons” (also known as “pixel tags” or “clear GIFS”) are pieces of code or pixels embedded in a web page or email to track engagement with and responses to emails, web pages or ads, or to access or communicate with cookies. “Tracking URLs” are special URLs that can be used to track engagement with and responses to emails or web pages.

Third-Party Analytics, Service, and Ad Providers: We may engage third-party analytics and services providers who help us to better understand how our Services and Content are accessed and used, including for web analytics, audience measurement, personalization and segmentation, and relationship management purposes.This information helps us to develop and improve our Services and Content. Our third-party analytics and service providers include but are not limited to Google Analytics. These providers may use cookies, web beacons and similar technologies to collect information about how Users access or engage with our Services, Content, emails, and ads on or off our Services. For more information about how Google may collect and process information in connection with Google Analytics, click here.

We may also use third-party advertising providers, including ad networks or exchanges, to help display ads on our Services or on other websites, including customized ads based on past online activity. These third parties may use cookies, web beacons and similar technologies to help provide their services to Atoll, and to collect information about your and others’ online activity across different websites. These providers may also collect your IP address, device identifier, or identifier for advertising (IDFA). The third-party advertising providers we use include but are not limited to Google Analytics, and we use its Remarketing and Demographics and Interest Reporting features, which enables Google Analytics to collect data about traffic on our Services through Google advertising cookies and anonymous identifiers. We and third-party providers, including Google Analytics, may use first-party cookies (i.e. cookies set by the website you are visiting) and third-party cookies (i.e. cookies set by a third-party website other than the website you are visiting) to inform, optimize, and serve ads based on past visits to our Services. We do not control the practices of any third-party providers, and this Cookie Policy (and our Privacy Policy in general) does not cover the use of cookies, web beacons, or similar technologies by any third parties.

Opting-Out: You may be able to opt-out of receiving cookies from third-party providers by visiting their websites. For example, you may opt-out of receiving ad-related cookies from Google through its Ad Settings. If you opt-out of receiving cookies from one of these providers, it may place a cookie on your device to remember your preference. For more information about AdChoice, please visit their website. Accordingly, if you delete cookies, install a new browser, or start using a new device, you may need to repeat the opt-out process. To opt out of receiving any marketing materials, please email us at hello@atoll.art.

Changes to this Cookie Policy: As this Cookie Policy is part of our Privacy Policy, we may update it at any time as described in our Privacy Policy. Please review this Cookie Policy regularly to be informed of any updates.
COOKIE POLICY
If you have questions or comments about our Privacy Policy or privacy practices, want to know what Personal Information about you we hold, or want to update, delete, or request access to such Personal Information, you may contact us by email to hello@atoll.art.
CONTACTING ATOLL
As described in our Terms of Use, some Services may enable you to provide User Content on or through our Services. When you post or publish User Content on our Services, any information contained in the User Content (including information in images or videos) becomes publicly accessible on our Services (and may also be indexed by and accessible through third-party search engines), and we and other Users may access and use the User Content as described in our Terms of Use. This shall apply even if you or someone else provides such information to Atoll by other means, and our use of such information might have been more limited under this Policy if such information was only provided to us by such other means. It is your responsibility to ensure that you have the right to share any information about others that you may share with us or with others through our Services.
USER CONTENT