Privacy Policy – 23.3.2022

PRIVACY NOTICE

LAST UPDATE: 23.03.2022

We at Motiva Creative ltd. respect your privacy. This Privacy Policy explains the privacy practices used when you use and interact with our website, http://motiva.art/ (“Website”),
as well as when you place orders through our Website or receive Services from us, all as further described under our
Terms of Service. This Privacy Policy also describes the rights and options available to you concerning your personal information.

We collect personal information you provide us freely and knowingly.

You are not legally required to provide such personal information to us.

  • Account information. To register and create a user account, we will ask you to provide your full name, email address, and password.
  • Order information. To place an order, we will process your name, contact information, billing information, shipping information and information about the artwork you wish to order. We will also collect your free text ordering notes if you choose to share those with us. If you wish to order a custom made artwork, we will process information related to the theme, concept, specific phrases, and art preference.
  • Newsletters and offers. If you wish to sign up to receive our newsletter with information about our artwork and offers, or to receive offers from us when artwork became available on our Website, we will ask you to provide your email address.
  • Inquiries. You can send us your inquiries through any of our contact methods. We may ask you to provide information such as your name, email address, the topic of your inquiry, and the text of your message.You do not have a legal obligation to provide any of the above information to us. However, you will not be able to place an order on our Website, or to submit inquiries, or sign up for our newsletter, without providing the requested information.

We also collect analytics information about your use of the Website.

 

When you visit our Website, we may collect specific information about your visit and use of the Website and your interaction with our email messages and newsletters. Analytical information we collect includes your IP address, the general location corresponding to your IP address, time and date of access, type of browser used, language used, links clicked, and the web pages you accessed.

How and why, we use your personal information

 

 

To recommend you artworks

We will process the information you provide us, or information we automatically collect about your preferences to present artworks that are more likely to suit your interest and to identify your preferences and personalize your experience with our Website.

To provide you with our newsletter.

If you sign up to receive our newsletter, we would then process your email address to send you our periodic marketing newsletter. We may also do so where applicable law makes this permissible.

If we collect your contact information in the course of an order you place, we will allow you to refuse or opt-out of our newsletter or marketing emails at any time by sending an email to: contactus@motiva.art. As long as you have not opted-out, we will possibly send you these promotional communications.

To fulfill your order, reporting and business planning.

If you order an artwork, we will process your order information to fulfill your order, charge you for the purchase price and fees, keep you informed about the status of your order, and ship the artworks you ordered to the shipping address you specify. We process your information for accounting and financial record-keeping purposes. We may also process your information to adapt the Website and its content to users’ preferences, to better understand the market demand in which we operate and for reporting and business planning purposes.

To respond to your inquiry, question or request. Subject to your consent, we will use your inquiry information for profiled marketing purposes

If you submit an inquiry to us, we will use the information you provide in your request or question to process, handle, and contact you about the inquiry.

Subject to your consent, we will use your Inquiry Information in a profiled manner to contact you occasionally, either by us or by a representative on our behalf, including by sending e-mails with information related to artworks and our services.

You may ‘opt-out’ of using your profiled Information and inquiry information for promotional communications at any time by sending an email to: contactus@motiva.art

To collaborate with artists

If you are an artist, art curator, or art enthusiast and you wish to find out how to collaborate with us and be a part of Motiva, we will ask you for your name and email address, and we will process the text of your request.

We use analytics information to improve and enhance the Website, and for our business administration.

We use analytics information to improve the Website and the content on the Website, our email communications, and the artworks we offer to customers. We also use the analytics information to adapt the Website and its content to users’ preferences. Finally, we will use the analytics information to understand the market in which we operate and for reporting and business planning purposes, and we may share analytical information with artists.

How we share personal information

We share your information with our service providers to help us operate our business and Website and to fulfill and ship your order.

We will share your personal information with our service providers (such as AWS,Mailchimp, Safecharge, WordPress, WooCommerce, Bluesnap, Google, who assist us in performing certain business-related functions. These include payment processing, mailing information, maintaining databases, hosting services, internal website operations fulfillment, and shipping of your order. These companies are authorized to use your information only as necessary to provide their specific relevant services to us and not for their purposes.

We will share your information with competent authorities or other parties if you violated the law or abused our agreement.

We will share your personal information if you have violated this Privacy Policy, the Terms, or any other agreement you have with us, abused the Website, or violated any applicable law. Your information will be shared with competent authorities and with third parties such as legal counsels and advisors to handle the violation or breach.

 

We will share your information if we are legally required.

We will share your personal information if we are required to disclose it by a judicial, governmental, or regulatory authority.

We will share your information with a third-party in the event of a change in our structure.

We will share your information to enable structural change if we reorganize our business, merge, consolidate or resolve to operate in any different framework or legal structure or entity, for example, due to a merger or acquisition.

We will share your information in case of an emergency concerning you.

We will share your information if we need to act immediately to protect the personal safety of our customers or the public.

KEEPING YOUR PERSONAL INFORMATION SECURE

We have appropriate security measures to prevent personal information from being accidentally lost or used or accessed unlawfully. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Automatic data collection tools

What are automatic data collection tools?

Cookies are text files that include a small amount of data we store on your computer, tablet, or smartphone when you use the internet and visit our website. It allows us or a third party to recognize you. We use both Session Cookies and Persistent cookies as described below.

Session cookies data is read by a website you visit, during the session of your visit. Session cookies expire when you close your browser. Persistent cookies data is read by a website you visit when you return to revisit it. A persistent cookie remains on your computer until it expires, or you delete your cookies.

We may also use techniques called web beacons and web pixels for purposes similar to the use of cookies. Subject to your consent, we may allow third-party advertising companies to use cookies on our website to optimize our advertisements and marketing and to serve ads specific to your interests on other websites. Those may use retargeting and behavioral advertising technologies to tailor those advertisements to your perceived interests.

We use the Cookiebot add-on to provide you detailed information about the cookies we use and enable you to control the use of cookies.

We use the Cookiebot add-on to provide you with more detailed information about the cookies we use, their origin, purpose, and expiration dates. It also enables you to control the use of marketing cookies, preference cookies, and statistics cookies.

You can, at any time, enable or disable individual categories of cookies. However, you cannot disable the ‘necessary’ cookies because the website cannot operate without them. By enabling cookies, you give your consent to collect the data for the cookie purpose.

We use cookies necessary to operate our Website, for Website statistics, for marketing purposes and to remember your Website preferences.

We use cookies for several purposes, as explained below. You can review additional information about the types of cookies we use, through our Cookiebot tool (Cookie Yes).

Necessary cookies are those that are strictly necessary for the functioning of our Website. Our Website cannot operate properly without these cookies. You can block or receive an alert about these cookies by setting your browser configuration. Still, some parts of our Website may not function properly without these cookies.

Preferences cookies are those that remember your choices when you use our Website and allow the site to react by reflecting your preferences.

Statistics cookies help us to discern how you and others interact with our Website by collecting data that does not directly identify you.

Marketing cookies track your use of our Website and allow us to tailor content, both on and off the Website, that we believe is relevant to you.

We are not responsible for the privacy practices of other third-party platforms.

Our Website may contain links to social networks such as Facebook, Instagram, WhatsApp, Twitter. Please be aware that we are not responsible for the privacy practices of such other platforms. We encourage you to read the privacy statements of each platform you chose to engage with.

We implement technical and organizational measures to secure your personal information.

We implement safeguards to reduce the risks of damage, loss of information, and unauthorized access or use of information we collect and maintain. However, these measures do not guarantee absolute information security. Therefore, although we take reasonable precautions and make an appropriate effort to secure your information, you cannot expect that the Website will be immune to information security risks.

Information Security

We implement technical and organizational measures to secure your personal information.

We implement safeguards to reduce the risks of damage, loss of information, and unauthorized access or use of information we collect and maintain. However, these measures do not guarantee absolute information security. Therefore, although we take reasonable precautions and make an appropriate effort to secure your information, you cannot expect that the Website will be immune to information security risks.

Data Retention

We will retain your personal information for as long as we need it to operate the Website and interact with customers, and after that, as required for record-keeping matters.

We keep your personal information for the duration of our business relationship with you, interacting with you as a customer, to the extent permitted by applicable laws. We may keep your information for as long as necessary to administer our business, our bookkeeping requirements, resolve disputes, establish and defend legal claims, and enforce our agreements. When we no longer need your data, we will delete it from our systems and records or anonymize the data.

Your Rights

You have certain rights subject to possible restrictions under the law to access, obtain a copy, or update your data.

You have the right to

Access your personal data that we process and have about you and receive a copy of it.

Rectify incorrect, inaccurate or incomplete personal data we have about you.

If you are a resident of the EU, you have additional rights, subject to possible restrictions under the law, to delete, restrict processing.

If you are a resident of the EU, you have the following additional rights to:

Object to the processing of your personal data for marketing purposes or for our other legitimate interests. However, we may override your objection if we demonstrate compelling legitimate grounds, or for the establishment, exercise or defense of legal claims. At any time, you can also object to our processing of your personal data for direct marketing purposes, by simply opting out of our newsletters.

Restrict the processing of your personal data for the duration we require to verify its accuracy. You have the right to restrict the processing of your personal data if you consider it an unlawful processing. You can also restrict the deletion of your data if you need it for the establishment, exercise, or defense of legal claims. You can also request the restriction of the processing during the time we review your objection to our legitimate interest.

Withdraw Consent to processing your personal data, at any time. If you do that, we will still process certain information on legal basis other than consent, as described in this Policy. Withdrawing your consent will not affect the lawfulness of data processing we carried out based on your consent before such withdrawal.

Erase your personal data when it’s no longer needed. For example, when you withdraw your consent to our newsletters, you have the right to ask us to erase your data relating to that. However, we may still process your personal data if we need to in order to comply with a legal obligation, or if we are subject to do so under the law, or for the establishment, exercise, or defense of legal claims.

Data Portability You have the right to receive the personal data that you provided to us in a structured, commonly used, and machine-readable format and to send that information to other businesses. Where technically feasible, you also have the right to have your personal data transmitted directly from us to another business you designate.

If you wish to exercise any of these rights, contact us at contactus@motiva.art.

We have the right to ask for reasonable evidence to confirm your identity before we provide you with the data. Where we are not able to provide you with the data that you have requested, we will explain the reason for our inability to do so.

Additional information for users in the EU

We are data controllers of the personal data we collect about you through our website.

Motiva Creative ltd. is the data controller for the personal data we collect through our Website. Our registered address is at P.O. Box Haarava 20 Magshimim , Israel, postal code 5691000. You can contact us by email at contactus@motiva.art.

Legal bases for processing your data.

The legal basis for our collecting and processing your artworks preferences is our legitimate business interest of offering you artworks that are suitable to your interests.

The legal basis for collecting and processing your email address to send you our marketing emails is either our legitimate interest in offering further artworks to existing customers (if you’ve placed an order with us), or your explicit consent (in other cases).

The legal basis for our collecting and processing your order information for fulfillment, billing, and shipping is the performance of the contract for sale of the artworks to you.

The legal basis for processing your inquiry information is our legitimate interest in responding to your question or request.

The legal basis for keeping your order information for Website adaptations, and business planning, is our legitimate business interest in enhancing our Website and our business development and planning.

The legal basis for processing analytics information about you is our legitimate interest in managing our Website and our business development and planning.

The legal basis for sharing your data with others if you breached our terms is our legitimate interest in protecting ourselves from abuses.

The legal basis for disclosing your data to a judicial, governmental, or regulatory authority is our compliance with our legal obligation to do so.

The legal basis for sharing your data to enable a structural change of Motiva Creative ltd. is our legitimate business interests in our business continuity following any structural change.

You have a right to complain to the relevant supervisory data protection authority.
Subject to applicable law, you have the right to complain to your local data protection authority. If you are in the EU, you can complain to the supervisory authority, in particular in the Member State of your residence, place of work, or place of an alleged infringement of the GDPR.

Children

Our website is intended for 18 years of age and older.
We designed this Website to serve people above the age of 18. We do not knowingly collect personal information of children who are under the age of 16 through our Website. If you are under the age of 18, you should not use our Website.

 

Changes to this Privacy Policy

If we change this Privacy Policy, we will notify you and post the updated policy on our Website.
If we modify this Privacy Policy, we will notify you and publish a revised version with an updated revision date. The privacy link on our web page footer will then lead to the new policy.

Contact us

You can contact us at contactus@motiva.art.
If you have any questions, complaints, or suggestions, you may contact us at contactus@motiva.art. We will do our best to resolve your issue promptly.