Terms and Conditions
Welcome to the Tolman Collection of New York website. By accessing, viewing, or using the content, material, or services available on or through this website, you indicate that you have read and understand the terms below, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, please exit the website.
Informational Purposes Only. The information on this website is for informational purposes only. Without limiting anything else in these terms or otherwise, The Tolman Collection of New York is not responsible for any errors or omissions in the website or website materials, and The Tolman Collection of New York, while exceedingly apologetic and more than willing to make any necessary changes immediately, is not responsible for any errors or omissions in the website or website materials.
Proprietary Rights. The Tolman Collection of New York owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, documentation and other material on, in or made available through the website, as well as the selection, coordination, arrangement, and organization and enhancement of the material contained therein. You agree not to remove or alter any copyright notice or any other proprietary notice on any material contained on the pages or links of this website. Under no circumstances will you have any rights of any kind in or to the website, other than the right to use it in accordance with the terms of this document and the limited fair use described herein. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print text and image files from this website solely for such purposes without The Tolman Collection of New York’s written permission, provided that you comply with the following conditions: (a) the content may only be used for personal, educational or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with all other terms or restrictions which may be applicable to the individual file, image or text.
Unauthorized Activities. You agree that you will not use the website for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the website or for modifying another website so as to falsely imply that it is associated with The Tolman Collection of New York; (c) uploading, posting, hosting, or transmitting unsolicited email, texts, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other visitor of the website who has requested not to be contacted; or (e) attempting to gain unauthorized access to The Tolman Collection of New York’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the website or any services provided through it.
Complaint Procedures. If you believe that any content or postings on this website violates your intellectual property or other rights, please send The Tolman Collection of New York a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.” The Tolman Collection of New York can be reached at email@example.com.
Changes to these Terms. The Tolman Collection of New York reserves the right at any time to modify, alter or update these Terms. Your use of the website following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be as effective those in effect before the change was made. The Tolman Collection of New York reserves 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, for providing The Tolman Collection of New York with untrue or inaccurate information about yourself, for infringement upon The Tolman Collection of New York proprietary rights, or for any other reason whatsoever or for no reason.
Governing Law and Jurisdiction. These Terms represent the entire agreement between you and The Tolman Collection of New York 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 New York, 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 exclusive jurisdiction of the federal and state courts located in the State of New York; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
Dated: April 1, 2020
We keep to a minimum the amount of information we hold about you. We use your data to respond to your inquiries and provide you with information that we believe you would like to receive about us, our artists, available artworks and our events. We also use your data to communicate with you where you have signed up and opted in to receive information from us. 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.
We are further committed to processing your personal information in line with the standards of the California Consumer Privacy Act (“CCPA”). You can find out more about the CCPA from the California Department of Justice website here.
Strictly necessary cookies—these are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into the member area of our website and to login in order to add a comment, or to communicate with us via our chat button.
Analytical/performance cookies—these allow us to recognize and count the number of visitors to our website and to see how visitors move around it when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies—these are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies—these cookies record your visit to our website, the pages you have viewed and the links you have followed. We will use this information to make our website more relevant to your interests.
The Tolman Collection of New York is committed to facilitating the accessibility and usability of its web content for all individuals. If you have any questions or concerns about the accessibility of any part of this website, please contact us at firstname.lastname@example.org. If you do experience accessibility issues with respect to this website, please specify the issue and relevant URL in your e-mail for our reference so that we can make the necessary changes.
Dated April 1. 2020
What information does The Tolman Collection of New York collect about me?
We may collect some (or all) of the following: your name, phone number, mailing address, email address, data provided by cookies and other similar technologies including your browsing history on our website, functional data such as registration and system data, as well as additional usage data—for instance, your purchasing history, communication permissions, artist preferences and creative interests or information about your attendance at one of our events.
Why does The Tolman Collection of New York need my information?
We use your data to help us provide the best experience of our website, which includes using data to improve (and, where possible, personalize) your experiences. We use your data to communicate with you, for example, informing you about new shows, events and updates about your favorite artists. We also use data to fulfill contracts, to send you the pieces that you have bought, invoices and to collect payments.
Can I opt-out of sharing my information with The Tolman Collection of New York?
Yes, you do not have to share any information with us that you do not want us to process, and you may opt-out to receive communications from us at any time by contacting us at email@example.com. We will respect your rights under the GDPR and CCPA in this regard.
How do I delete my personal data from The Tolman Collection website and what are the consequences of doing so?
You can email us at firstname.lastname@example.org to request that your data be deleted. However, please note, by deleting your personal data, you may impact your experience of our website. We will not delete data which is needed to fulfill a contract until that contract is completed or unless we agree to terminate the contract. We will inform you if deleting your data will impact our ability to perform a contract in case this affects your decision.
How long does The Tolman Collection of New York keep my information?
We retain personal data for as long as necessary in order to fulfill the transactions you have requested, or for other essential purposes (for example, complying with our legal obligations, resolving disputes and fulfilling our agreements).
How is information stored?
We are committed to protecting the security of your personal data. We store data in a number of places depending on our requirements to access and use it. We use a variety of security technologies and procedures to help protect your personal data from unauthorized access, use or disclosure. For example, we store the personal data you provide on cloud-based or computer systems that have limited access and are in controlled facilities. Where possible, we avoid storing paper records.
Is The Tolman Collection of New York using cookies to gather information?
What personal data do we hold and why?
When you contact us to make an inquiry, we will use your name and contact information to respond. We will then use this information to communicate with you in the future. We may obtain, collect and update information about you via direct contact with you, from third parties who refer you to us or automatically via your engagement with The Tolman Collection of New York, including your use of our social media channels. On request, we can provide you with access to all information, including proprietary information, that we maintain about you (but not other users unless required to do so by law) including unique identifier information (for example, your website member login information) and contact information (for example, your name, address and phone number). You can request this information by emailing us at email@example.com. We will correct inaccuracies on provision of the correct details or, where relevant, you can do this by changing your registered details online.
How does The Tolman Collection of New York use my information?
We collect and use your information to administer, support, improve and obtain feedback on our website and to improve your experiences. The information we collect is used for internal review and to improve the content of our website and services. It is also used to notify users about updates about Tolman Collection of New York events. This information is not shared with other organisations for any purposes. If you do not want to receive emails from us in the future, please let us know by sending an email to firstname.lastname@example.org.
Who do we share your information with?
We work with third parties in the provision of some of our services and it may be necessary for us to share your information with them in order to provide those services. On request, and when relevant, we will provide details of which third parties we work with. We will also discuss and agree on any specific security questions or requirements you may have during the provision of our services. The third parties we work with are encouraged to meet the requirements of the GDPR. When we contract with third parties we enter into agreements that encourage GDPR compliance. For example, for marketing purposes we store your data with Wix, the company who services and maintains our website. Exemptions to the above are where we are asked to provide information as a result of a court order or to recover monies due.We do not share your personal data with anyone else, and we do not sell your data to anybody.
How long do we store your data for?
We will store your personal information for as long as necessary. We are required by law to keep information about financial transactions for the current financial year plus an additional six years. We may store your information on our database for reference and to record any preferences you have notified to us, for example in relation to your opt-in status to receive marketing communications. The information may be retained and used by The Tolman Collection of New York to answer queries or resolve problems, provide improved and new services, to respect your rights under the GDPR and CCPA and for any data retention requirements of the law. This means that we may retain information after you cease interacting with The Tolman Collection of New York. We store your information securely to prevent unauthorized use.
What rights do I have concerning your use of my personal data?
Will The Tolman Collection of New York discriminate against me if I make a request related to my personal information?
No, you have the right to nondiscriminatory treatment if you make a data-related request. The Tolman Collection of New York only sends marketing information to those persons we believe have a legitimate business interest to contact. This means that, from time to time, we may send you email newsletters or other notifications. If you wish to stop receiving some, or all, of our marketing communications, follow the instructions included in our emails or contact email@example.com. Please note that The Tolman Collection of New York may reject, delay or remove content from emails which have a nature, content or attachments which may disrupt our systems or because they may pose security issues such as viruses. We may also filter out emails which contain content which is considered offensive, unwanted or spam. In certain circumstances this may unfortunately result in “innocent” emails being affected. We do our best to reduce such occurrences.
How secure is my information?
The Tolman Collection of New York has developed and implemented strict policies and processes governing information technology and data user behavior. These cover areas such as access control, authentication, audit, monitoring, alarms, data storage and back up, transmission standards and environment integrity. We use reasonable endeavors to install and have appropriate security measures in place in our systems and facilities to protect against the loss, misuse or alteration of information that we have collected from you.
The Tolman Collection of New York is committed to providing a website that is accessible to the widest possible audience, regardless of circumstance and ability. We aim to adhere as closely as possible to the Web Content Accessibility Guidelines (WCAG 2.0, Level AA), published by the World Wide Web Consortium (W3C). These guidelines explain how to make web content more accessible for people with disabilities.
Though The Tolman Collection of New York strives to adhere to the guidelines and standards for accessibility recommended by the ADA, it is not always possible to do so in all areas of the website and we are currently working to achieve this. Please be aware that, due to the dynamic nature of the website, minor issues may occasionally occur though we update the site regularly.
We continually seek solutions that will bring all areas of the site to the same level of overall web accessibility. If you have any questions about our Accessibility Statement, or suggestions on how we can improve our site to make it even more accessible, please email firstname.lastname@example.org.