Terms & Conditions

William Kelley Gallery L.L.C. ("Seller") hereby offers for sale to the buyer named on the face hereof ("Buyer") the products listed on the face hereof (the "Products") on the express condition that Buyer agrees to accept and be bound by the terms and conditions set forth herein. Any provisions contained in any document issued by Buyer are expressly rejected and if the terms and conditions in this Agreement differ from the terms of Buyer s offer, this document shall be construed as a counter offer and shall not be effective as an acceptance of Buyers document. Buyers receipt of Products or Sellers commencement of the services provided hereunder will constitute Buyers acceptance of this Agreement. This is the complete and exclusive statement of the contract between Seller and Buyer with respect to Buyer's purchase of the Products. No waiver, consent, modification, amendment or change of the terms contained herein shall be binding unless in writing and signed by Seller and Buyer. Seller's failure to object to terms contained in any subsequent communication from Buyer will not be a waiver or modification of the terms set forth herein. All orders are subject to acceptance in writing by an authorized representative of Seller.

Privacy Policy

Last Updated: July 6, 2017

This Privacy Policy ("Policy") describes how William Kelley Gallery, Inc. d/b/a William Kelley (“William Kelley” 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, which can be viewed at: https://www.williamkelleyart.com/terms-privacy . Any capitalized terms that are used but not defined in this Policy have the same meaning given to them 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.

When This Privacy Policy Applies

This Policy applies to all of our Services, regardless of how you use them, and whether or not you register for a William Kelley account. This Policy only 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.

What Kinds of Information Do We Collect?

Information You Provide: We may collect the information that you provide or otherwise make available to us when you access or use our Services, including when you:

fill in any forms on our Services, such as when you register for an William Kelley account or update 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, galleries, institutions or other Users, place bids or perform transactions, or communicate with other Users (this can include the information you provide on or through our Services, and information about how you access or use our Services, such as which features you use and when you use them);
link your William Kelley 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 service), 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;
communicate with us.

Information Collected Automatically: We may automatically collect certain information about how you access or use our Services. 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 the use of 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. Your browser may have settings that let you decline cookies, but please note that some of our Services may not be available if you decline cookies, 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, which is considered part of this Policy.

Information from Other Users. If you use our Services to communicate with another User or perform a transaction with another User, we may obtain information or feedback from them about their interaction with you (for example, whether you were responsive to their communications or completed a transaction with them). Also, when Users share User Content through our Services, if it contains information about you, we will receive that information as well. More information about User Content is provided below.

Information from Other Sources: We may obtain information about you from third-party partners (such as other companies with which we may jointly offer services or conduct promotional events), third-party service providers, credit bureaus 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 purposes including 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 William Kelley mobile application or visit our website from a mobile browser, we may obtain information about your location and mobile device, including a unique identifier for your device. 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.

How We Use the Information We Collect

The information we collect helps us to operate, improve, protect, and customize our Services, and to develop new Services. The information we collect also helps us to provide customer support and make our Services more efficient for you and other Users. 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 you for the following purposes:

to provide our Services to you, including new Services we develop later;
to provide you with customer support;
to facilitate your communications or transactions with us or other Users;
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;
to develop and display more customized Content and ads to you on or off our Services;
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;
to contact you (by email, postal mail, telephone, mobile devices, SMS text message, or as otherwise 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;
to contact you (by email, postal mail, telephone, mobile devices, SMS text message, or as otherwise 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 information on how to opt out of receiving certain communications from us);
to facilitate your participation in contests, sweepstakes or other promotional events sponsored or conducted by us or by others in conjunction with us;
to comply with our legal obligations, resolve disputes, or enforce our Terms of Use or any other William Kelley policies or agreements with Users;
to perform other functions as described when the information is collected or requested, or for other purposes with your prior consent.

Communication Preferences

We provide registered Users with settings on our Services to control whether they receive certain communications from us. If you do not want 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 have registered for an William Kelley account), or emailing us. Please note that opt-out requests may take up to ten (10) business days to process. You may not be able to opt out of receiving some communications from us, such as email about your account, your relationship with us, or your transactions.

Accounts and User Profiles

Registration, Access and Records To register for a William Kelley account, you will need to provide your full name and a valid email address. If you have received 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 a William Kelley 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 your 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 cancel 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 us. 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; specific account data that includes Personal Information including your name, e-mail, contact information, and certain other records such as settings and collector profiles will be removed at such termination.

Profile and Account Information. To make our Services more interactive, certain information about Users’ profiles or accounts may be made accessible to other Users on or through our Services, as indicated in Users’ profile and account settings on our Services, or as otherwise indicated by us when you use certain Services. For example, if your public profile is enabled in your settings, your name and certain information that you may enter in your profile (such as a bio, location and website) will be visible to other Users on our Services. Our Services may include settings to control how certain profile or account information is shared with other Users on or through our Services, and you should check your profile and account settings regularly to be informed of your current choices. Please also note that public information on our Services may be indexed by third-party search engines and accessible through them.

Favorites and Follows

Our Services may include features that enable you to designate your “favorite” artists, designers or other creators, artwork or other items, or categories of artwork or other items. Our Services may also include features that enable you to “follow” galleries, institutions or other Users, artists, designers or other creators, or categories of artwork or other items. If your public profile is enabled, other Users may also be able to follow you, and the number of Users that follow you may be visible to other Users on our Services. You may be able to share, or choose not to share, certain information about your favorites, follows or followers on or through our Services, as indicated by us in connection with these features or in your profile and account settings.

User Content

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 applies even if you or someone else also provides such information to us 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 Communications

Connecting with Other Users. We aim to provide a platform and marketplace where Users can discover and engage with a wide range of artwork, design and other items from around the world, including items from the various galleries, institutions and others that use our Services as exhibitors or sellers. To help make this happen, our Services may include features, such as messaging tools and email addresses hosted on our Services, that enable you to contact and communicate with other Users. For example, when a gallery or other seller lists an artwork or other item on our Services, our Services may enable you to contact them about that item or about other items they may have available.

Sharing Information with Other Users. When you use our Services to contact another User or perform a transaction with another User, they may obtain your name, email address and (as applicable) other contact information from us to facilitate your communications or transactions. Sometimes other Users may be able to obtain additional information about you when you use our Services to contact them or perform a transaction with them. For example, they may be able to obtain information about your location, interests and other information, as indicated by us in connection with these Services, or as otherwise indicated in your profile and account settings. Our Services may include settings that enable you to choose how certain information is shared with other Users when you contact them or perform a transaction with them, as indicated when you use these Services or in your profile and account settings. Please note that other Users may have their own privacy policies that apply to their use of information, and you may wish to ask them about their policies before sharing information with them to be informed of their practices. As mentioned above, 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, and we are not responsible for their privacy policies or practices.

With Whom do We Share Personal Information?

Personal Information. Under this Policy, "Personal Information" means information that by itself can be used to identify or contact a specific person (for example, a 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. 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 some of our Services, or that perform some services for us related to our Services, and they may access your Personal Information as needed to perform their functions for us. Examples may include but are not limited to order fulfillment, package delivery, payment processing, bill collection, fraud investigation, email and postal mail administration, customer service assistance, web and mobile data analytics, and server and database hosting services.

We use third parties, including Plaid Technologies, Inc. and Stripe, 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 a William kelley account, we will notify you of the change of ownership by sending an email to the current email address you provided us under your William Kelley 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 William Kelley, you, or any other person or entity; or (v) prevent physical harm to any person, including situations involving possible violence or self-harm.

Aggregated and Non-Personal Information

We may aggregate 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 purposes, including research and development, marketing, and to inform others about how our Services or Content are engaged with or used. Information we share in these contexts will not include your Personal Information.

Payment 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 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.

Other Websites and Services

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 William Kelley account to your account on other social media services. For example, you may be able to sign up for (or sign in to) 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 the use of cookies, web beacons or similar technologies. We encourage you to read the privacy policies of other websites and services that you visit or use to be informed of their practices.

International Processing

William Kelley is based in the United States. Our Users (including the galleries and other organizations that use our Services as exhibitors or sellers), 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.

In cases of onward transfer to third parties of Personal Information of EU individuals received pursuant to the EU-U.S. Privacy Shield, William Kelley remains accountable for the onward transfer of such Personal Information.

Children’s Information

Our Services are not directed to children under the age of 13, 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 13, please contact us.

Security

Every William Kelley 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.

Statutory Requests

Some jurisdictions have laws that give people the right to access or correct their Personal Information which a company has about them. 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 info@williamkelleyart.com . 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).

EU-U.S. Privacy Shield

William Kelley is a participant in the U.S. Department of Commerce’s EU-U.S. Privacy Shield and we have certified that we adhere to the EU-U.S. Privacy Shield Principles. We are subject to the investigatory and enforcement powers of the Federal Trade Commission.

For more information about the EU-U.S. Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield website here.

Dispute Resolution

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.

Changes to This Privacy Policy

Our business changes with time, and our Privacy Policy will change also. We reserve the right to change this Policy, including our Cookie Policy, without prior notice, at any time at our sole discretion. For example, and without limitation, we may change this Policy to reflect changes to the law or changes to our Services. All changes to this Policy will be 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.

Contacting William Kelley

If you have questions or comments about our Privacy Policy or practices, would like to know what Personal Information we hold about you, or would like to update such Personal Information, you may contact us by email sent to info@williamkelleyart.com , or by postal mail sent to William Kelley Gallery, Inc., 1990 Main St, Sarasota, FL, 34236, U.S.

Cookie 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.

What these Technologies Are. “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 use 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. In turn, 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 and Mixpanel. 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 us, 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. Third-party providers may offer you a way to opt-out of receiving cookies from them by visiting their own websites or the websites of industry groups such as the Network Advertising Initiative and the Digital Advertising Alliance. 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. Accordingly, if you delete cookies, install a new browser, or start using a new device, you may need to repeat the opt-out process. We do not respond to browser-initiated “do not track” signals, as there currently is not an industry standard for responding to them.

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.