Informational Purposes Only.
The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, East Projects is not responsible for any errors or omissions in the Site or Site Materials, and East Projects is not responsible for any errors or omissions in the Site or Site Materials.
As between you and East Projects, East Projects owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms 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 Site solely for such purposes without East Projects' 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.
You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with East Projects; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other visitor of the Site who has requested not to be contacted; or (e) attempting to gain unauthorized access to East Projects computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site.
Materials Submitted to the Site.
The Site may allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Site (“User Content”). Upon your submission of User Content or other material or information to East Projects, you grant East Projects a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms.
Disclaimer. East Projects, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Material, Site Material, links, advertisements or other items contained within the Site. East Projects reserves the right to immediately remove any User Material or Site Material for any reason or for no reason. East Projects cannot and does not review all communications made on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Site Material, User Material, the Site or the products or services made available in connection with the Site with or without notice in its sole discretion. The Site, the Site materials, User Materials and materials on, in, and made available through the Site, and the services, products, information and other materials on and in and made available through the Site is made available “as is” and “with all faults.” Use of the Site is entirely at your own risk. East Projects and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the Site, the Site Materials, User Materials, the services, products, information and other materials on and in and made available through the Site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.
Liability. East Projects and its affiliates, subsidiaries or licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, 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 Site, the Site Materials, User Materials, the services, products, information and other materials on and in and made available through the Site, regardless of legal theory, whether or not you or East Projects 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 East Projects and its affiliates, subsidiaries or its licensors to you or any other person or entity in connection with, based upon, or arising from the Site, the Site Materials or User Materials on, in, and made available through the Site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Site. 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 East Projects and its affiliates, subsidiaries or its licensors shall not exceed ten dollars ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel East Projects has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
Indemnification. You shall indemnify East Projects and its members, managers, directors, officers, employees, agents, contractors and licensors (“East Projects Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, User Materials, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to East Projects), or any breach by you of these Terms and shall indemnify and hold East Projects Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.
Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to East Projects at firstname.lastname@example.org 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 email 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.”
Changes to these Terms. East Projects reserves the right at any time to modify, alter or update these Terms. Notice of any new or revised Terms, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. East Projects reserves the right to suspend or terminate your access to this Site and/or ability to use the services with or without notice for failure to comply with these Terms, for providing East Projects with untrue or inaccurate information about yourself, for infringement upon East Projects 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 East Projects 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 Site, 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.
Submissions to the Gallery. The Gallery does not accept unsolicited submissions from artists. Unsolicited submissions will be discarded and will not be returned to you.
Miscellaneous. The Site is not intended for children under the age of 13. The Site is controlled and operated from within the United States. Without limiting anything else, East Projects makes no representation that the Site, Site Materials, User Materials, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of East Projects 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. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
Dated: November 1, 2019
East Projects and its affiliated entities located inside and outside the EEA (“East Projects ”, “the Gallery”, “we”, “us” or “our”) respects your privacy and seeks to protect your personal data.
East Projects’ Data Uses and Guidelines
What information does East Projects collect about me?
We may collect some (or all) of the following: your name, phone number, email address, IP address, information about you (for example, age, gender, socio-economic status), data provided by cookies and other similar technologies, 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 East Projects need my information?
We use your data to help us provide the best experience of our Gallery, 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 gallery updates. We also use data to fulfill contracts, to send you the goods you have bought, invoices and to collect payments.
Can I opt-out of sharing my information with East Projects?
Yes, you do not have to share your 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 in this regard.
How do I delete my personal data from East Projects and what are the consequences?
You can email 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 the Gallery. 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 East Projects keep my information?
We retain personal data for as long as necessary, 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 unauthorised 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 East Projects using cookies to gather information?
If you have any questions about the use of your personal information, please email us at email@example.com.
What personal data do we hold and why?
When you contact us to make an enquiry, 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 East Projects , 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 customer number or password) and contact information (for example, your name, address and phone number). You can request this information by emailing us at firstname.lastname@example.org. We will correct inaccuracies on provision of the correct details or, where relevant, you can do this by changing your registered details online.
How we use your information
East Projects collects and uses your information to administer, support, improve and obtain feedback on our Gallery 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 the Gallery. This information is not shared with other organisations for commercial purposes.
If you submit an employment application to us online through our website or otherwise, all of the information you submit may be used for any and all purposes ordinarily associated with processing an employment application.
If you do not want to receive emails from us in the future, please let us know by sending an email to email@example.com.
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 Mailchimp. We have entered into a contract with Mailchimp to comply with the GDPR. Your data may be stored in the cloud and we have entered into an agreement with Google in compliance with the GDPR.
If we sell an artwork to you, we share the invoice with the artist for their records.
We share your data internally and have a data transfer agreement in place that complies with EU law for sharing data from our branches in the EU to outside of the EU.
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 nor sell your personal data to anyone else.
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 databases 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 East Projects to answer queries or resolve problems, provide improved and new services, to respect your rights under the GDPR and for any data retention requirements of the law. This means we may retain information after you cease interacting with East Projects.
We store your information securely to prevent unauthorised use.
Your rights regarding our use of your personal data
You can review, edit or ask us to delete your personal data we hold by contacting us directly at firstname.lastname@example.org.
You will always have the right to opt out of receiving promotional emails and other types of marketing or sales communication from us.
If you opt out, you will also have the ability to opt back in at a later date.
If you wish to stop receiving marketing emails from us, please click on the “Unsubscribe” link included at the bottom of an email. We respect your choice, and we will stop sending you promotional emails once you unsubscribe. It may take up to two weeks to process your request. Alternatively, you can email us at email@example.com.
Contacting you via email alerts, notices and newsletters
East Projects only sends marketing information to those persons the Gallery believes it has a legitimate business interest to contact. This means that, from time to time, we may send you email newsletters or other notifications in relation to the Gallery. If you wish to stop receiving some, or all, of our marketing communications, follow the instructions included in our emails or contact firstname.lastname@example.org.
If you supply us with your postal address or telephone number you may receive periodic mailings or calls from us with information on new products and services or upcoming events. If you do not wish to receive such updates, please let us know by emailing us at email@example.com.
Interception of email
East Projects may intercept email addressed to individuals within East Projects. The reasons we do this are related to the security of your data, to our security, to the security of our staff and others, for detection and prevention of crime and to identify correct recipients or to make sure mail is dealt with during staff absence. East Projects 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.
East Projects 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 GDPR allows you to request to see any information held about you, and to correct any inaccuracies.
DATED: November 1, 2019
East Projects 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 info@east-projects. 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.
Founded in 2019 by Ford Phillips and Robert Blumenthal, East Projects is a contemporary art gallery in New York, NY committed to promoting emerging artists.