FERNBERGER

Introduction and General Terms

Fernberger Gallery, Inc. (“Fernberger”, “ we”, “ us” or “ our” in this policy), is a commercial gallery representing artists worldwide, and operating in California (“ Services”).If you have any questions or comments about this privacy policy please contact us via email: info@fernbergergallery.com (mailto:info@fernbergergallery.com) or phone: (917) 831-6931‬.

Fernberger is committed to protecting and respecting your privacy. This policy explains the basis on which personal information we collect from you will be processed by us. Where we decide the purpose or means for which Personal Data you supply through these Services is processed, we are the “data controller” for the General Data Protection Regulation 2016/679.

This policy explains the following:

• What information Fernberger may collect about you;
• How Ferberger will use information we collect about you;
• Whether Fernberger will disclose your details to anyone else; and
• Your choices and rights regarding the personal information you have provided to us.

Our Services may require the use of third parties. These third party websites may have their own privacy policies and we recommend you to review them. We do not accept any responsibility or liability for the privacy practices of such third parties and your use of them is at your own risk.

What Information will Fernberger collect about me?

We collect and process the following information which may include your Personal Data.

Information provided by you when using our Services

You may give us information about you by filling in forms when using our Services, signing up to our newsletter or contacting us with enquiries. Such information can include:

• Identity and contact data: including your name, username, address, telephone number and e-mail address; and
• Profile Data: including artwork information, artworks owned, requested, offered, reserved, purchased, consigned and details of artwork invoices.

(“Personal Data”)

Information about you collected from Third Parties

As you interact with our website, we may automatically collect data about your browsing activities. We use cookies to collect and log analytical information such as your internet protocol (IP) address.

DATA SHARING

We may share your Personal Data with our affiliates and third parties who provide us with logistics and payment processing services (set out below), only in the ways that are described in this privacy policy. If you would like to find out more about how the third parties listed in this policy use your information, this should be set out in their respective privacy policies.

We keep your information confidential, but may disclose it to our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this privacy policy. However, this is on the basis that they do not make independent use of the information, and have agreed to safeguard this information.

In addition, we may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).

HOW WE WILL USE INFORMATION WE COLLECT ABOUT YOU AND WHO WILL WE SHARE IT WITH

Providing the Services to you as a prospective or existing client

We may legally use and retain your Personal Data where we need to perform the contract we are about to enter into or have entered into with you, such as:

• For registering you as a new client;
• Processing purchases including any shipping details for delivery of the artwork; and
• Keeping track of contractual agreements;

We may also legally use and retain the Personal Data you provide to us when requesting our Services, to pursue our legitimate interest of providing our Services to you, such as:

• Keeping track of artworks offered to you in order to understand your preferences and purchase history and allow us to offer relevant artwork to you when it comes in;
• Responding to your enquiries; and
• Providing you with information and updates about the Services we offer;

We may analyze certain types of information that you submit to us for the legitimate interest of improving the Services we offer to you and to provide you with a bespoke, tailored service and art advisory and consultancy service, based on your preferences, recommendations, interests and previous purchases and location.

We may share your Personal Data with our selected third party providers and suppliers for the performance of delivering our Service under the contract between you and Fernberger including processing payments and delivering artwork to you in accordance with your instructions. Our third party suppliers will have their own processing terms.

We may use a third party payment Services provider to process payment for our Services, who will store, collect and process your payment details over SSAL (Secure Sockets Layer).

Providing the Services and acting for you as an artist or prospective artist

We may legally use and retain Personal Information that we collect about you for the legitimate interest of providing a bespoke artist consultancy and representation service to you, such as:

• Promoting and selling your artwork to relevant clients based on their preferences and previous purchases;
• Retaining a personal profile of you and your artwork to provide clients with background information, and market your artwork accordingly;
• Responding to your enquiries; and
• Providing you with information and updates about our Services and upcoming exhibitions.

Compliance and prevention of Fraud and Illegal Activity

We may process Personal Data for the legitimate interests of ensuring that use of our Services is lawful and non-fraudulent, does not disrupt the operation of our Services, does not harass our staff or other individuals, and to enforce our legal rights and comply with our legal obligations, including compliance with anti-money laundering regulations (if and where applicable).

We process Personal Data for the legitimate interest of complying with HMRC requirements by retaining records of customer purchases and transactions.

Where we reasonably believe that you are or may be in breach of any of the applicable laws, we may use your personal information to inform relevant third parties such as your email/internet provider or law enforcement agencies about the content.

Marketing

We use various forms of marketing to provide you with promotional materials about our Services.

We may process your contact information that you provide to us (either via our website or through use of our Services) for the purposes of marketing in accordance with our legitimate interests to send you information about gallery exhibitions and events. We may use third party email providers, such as Mailchimp, to process these marketing emails.

We may also disclose your name and contact information to our affiliates mentioned above who provide the same type of products and services, to enable them to market their products and services to you.

If you would like to be removed from this mailing list, please contact us at info@fernbergergagllery.com or click on unsubscribe at the bottom of each marketing email.

To understand how our Services are used

We process cookies to understand how visitors use our website and to compile reports on website activity.

This processing is necessary for us to pursue our legitimate interest in improving our website, and providing a more relevant service to our customers. This information is not used to develop a personal profile of you.

YOUR RIGHTS IN RELATION TO PERSONAL DATA WHICH WE PROCESS RELATING TO YOU

You have the following rights over the way we process Personal Data relating to you. We aim to comply without undue delay, and within one month at the latest.

Ask for a copy of data we are processing about you and have inaccuracies corrected

You have the right to request a copy of the personal information we hold about you and to have any inaccuracies corrected.

We will use reasonable efforts to the extent required by law to supply, correct or delete personal information held about you on our files (and with any third parties to whom it has been disclosed to).

Object to us processing data about you

You can ask us to restrict, stop processing, or to delete your Personal Data by contacting us at info@fernbergergallery.com if:

• Fernberger no longer needs to process that Personal Data for the reason it was collected;
• Fernberger is processing that Personal Data because it is in the public interest or it is in order to pursue a legitimate interest of Fernberger you don’t agree with that processing, and there is no overriding legitimate interest for us to continue processing it;
• the Personal Data was unlawfully processed;
• you need the Personal Data to be deleted in order to comply with a legal obligations;
• the Personal Data is processed in relation to the offer of a service to a child.

If you inform us that you would no longer like us to store or process your Personal Data then we may not be able to offer you a fully tailored, bespoke service.

Obtain a machine readable copy of your Personal Data, which you can use with another service provider

• If we are processing data in order to perform our obligations to you, if that processing is carried out by automated means, we will help you to move, copy or transfer your Personal Data to other IT systems.
• If you request, Fernbergeri will supply you with the relevant Personal Data in CSV format. Where it is technically feasible, you can ask us to send this information directly to another IT system provider if you prefer.

Make a complaint to a Supervisory Authority

• If you are unhappy with the way Fernberger is processing your Personal Data, please let us know.
• If you do not agree with the way we have processed your data or responded to your concerns, an alternative is to submit a complaint to a Data Protection Supervisory Authority.

DATA RETENTION

We will hold your personal information on our systems for as long as is necessary for the relevant service or as required by law, or for accounting or regulatory purposes, or as otherwise described in this privacy policy.

CHILDREN

We do not knowingly solicit data from or market to children under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at info@fernbergergallery.com. We will delete such information from our files within a reasonable time.

SECURITY

We will take all reasonable technical and organizational precautions to prevent the loss misuse or alteration of your personal information.

Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

CHANGES

We will notify you of any changes to this policy by email, notice on the website or account message.

June 29, 2024

Welcome to the Website of Fernberger Gallery, Inc. (“Fernberger,” “us,” and “we”). The following Terms and Conditions (the “Terms and Conditions”) govern your use of this Website. By using the Website, you accept and agree to these Terms and Conditions and the Fernberger Privacy Policy. We may revise the Terms and Conditions at any time, without notice to you, such changes to be effective immediately upon posting on the Website. If you do not agree to the Terms and Conditions, you are not granted permission to access or use this Website and must exit immediately.

• Proprietary Rights. As between you and us, we own, solely or exclusively, all rights, title and interest in and to the Website, all data, content, graphics, artwork, images, photographs, code, audio clips, video clips, software and other material on, in or made available through the Website (the “Website Material”), as well as the look and feel, design, selection, coordination, arrangement, and organization of the Website Material (together with the Website Material, the “Website Proprietary Content”), including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Under no circumstances will you have any rights of any kind in or to the Website or the Website Proprietary Contents, other than the right to use the Website in accordance with these Terms and Conditions.
• Limited License. You may access and view the content on the Website on your computer or other device. Unless otherwise specifically indicated in these Terms and Conditions, use of the Website and the services offered on or through the Website are only for your personal, non-commercial use.
• Prohibited Uses. You agree that any commercial or promotional distribution, publication or exploitation of the Website or any Website Proprietary Contents is strictly prohibited unless you have received the express prior written permission of an officer of Fernberger or the otherwise applicable rights holder. You further agree that you will not (a) use the Website for any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) download, post, display, publish, copy, distribute, transmit, broadcast or create derivative works from, or otherwise exploit any of the Website Proprietary Contents; (c) alter, edit, delete, remove, change the meaning or appearance of any of the Website Proprietary Contents, including without limitation the removal or alteration of any trademarks, trade names, logos, service marks, copyright notices or any other proprietary notices on any Website Proprietary Contents; (d) attempt to gain unauthorized access to our computer system or engage in any activity that interferes with the performance of, or impairs the functionality of the Website or any goods or services provided through the Website. We reserve the right to suspend or terminate your access to this Website and/or ability to use the services with or without notice for failure to comply with these Terms and Conditions, for providing us with untrue or inaccurate information about yourself, for infringement upon any of our proprietary rights, or for any other reason whatsoever or for no reason.
• Trademarks. The names, titles, trademarks, service marks, and logos that appear on the Website, including without limitation “Fernberger,” are registered and unregistered marks of Fernberger (the “Trademarks”). You may not use the Trademarks without our prior, written permission. The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Website grants any right or license to use any of the Trademarks or may be construed to mean that we have authority to grant any right or license on behalf of any third party trademark owner.
• Mailing List. You may use the Website without registering or submitting any personally identifiable information. As a service, we offer visitors to the Website the opportunity to subscribe to the Fernberger email newsletter (the “Mailing List”). To subscribe to the Mailing List, you will be asked to submit your email address (the “Your Email Address”). You may subscribe or unsubscribe at any time by following the instructions on the Newsletter. The Subscriber Information shall be subject to our Privacy Policy (click here to view), which is incorporated herein by reference as if set forth fully here. You acknowledge and agree that you are solely responsible for the accuracy of your Subscriber Information.
• Linking. The Website may contain links to third party web sites or services that are not owned or controlled by Fernberger or its affiliates. Fernberger has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Fernberger shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
• Disclaimer. Fernberger, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any Website Proprietary Content or other items contained within the Website. We reserve the right to immediately remove or make changes to any Website Proprietary Contents for any reason or for no reason in our sole discretion. WE PROVIDE THE WEBSITE ON AN “AS IS” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. WE DO NOT WARRANT THAT THE WEBSITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WE MAKE REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE WEBSITE, BUT ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE WEBSITE. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES WHICH MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WEBSITE.
• Liability. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FERNBERGER, ITS AFFILIATES, SUBSIDIARIES OR LICENSORS, OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENT AND CONTRACTORS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE, THE WEBSITE PROPRIETARY CONTENTS, USER INFORMATION, SUBSCRIBER INFORMATION, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR FERNBERGER HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE PROTECTED ENTITIES TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE WEBSITE, THE WEBSITE PROPRIETARY CONTENTS, USER INFORMATION OR SUBSCRIBER INFORMATION ON, IN, AND MADE AVAILABLE THROUGH THE WEBSITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE OF PRODUCTS PURCHASED AND PAID FOR BY YOU VIA THE WEBSITE IN THE PRECEDING TWELVE (12) MONTH PERIOD. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF FERNBERGER AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS U.S. ($10 U.S.). If you are dissatisfied with the Website, or with any of these Terms and Conditions, or feel we have breached these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website.
• Indemnification.You shall indemnify, defend and hold the Protected Entities harmless against any and all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and disbursements) arising out of or incurred in connection with your use of the Website or products or services obtained through the Website, your fraud, violation of law, negligence or willful misconduct, or any breach by you of these Terms and Conditions.
• Governing Law and Jurisdiction.These Terms and Conditions represent the entire agreement between you and Fernberger with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of California, United States of America, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Website, you consent and agree to (a) the personal and exclusive jurisdiction of the federal and state courts located in the County of Los Angeles and State of California, United States of America; (b) accept service of process by personal delivery, mail, or email; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
• Miscellaneous.The Website is not intended for children under the age of 13. The Website is controlled and operated from within the United States. Without limiting anything else, we make no representation that the Website or Website Proprietary Contents or other materials available on, in, or through the Website are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The waiver or failure of Fernberger to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms and Conditions or any provision hereof. All rights not expressly granted by Fernberger herein are specifically and completely reserved.

June 29, 2024