Privacy Policy – North America

Last Update: April 2024

This privacy policy applies if you reside in Canada or the US. If you reside elsewhere, please review this other versioninstead.

NALA Art (“NALA”) brings together Artists and Art Lovers in the art ecosystem (collectively, our “Users”) to make living from, discovering and buying art accessible to all.

NALA values and respects your privacy. We have prepared this privacy policy to explain the manner in which we collect, use and disclose personal information through our website located at nala.art (the “Website”), through any mobile device software provided by us to you (the “App”), and in our other interactions with you (collectively, the “Service”). By using our Service, you consent to our collection and other handling of personal information as described in this privacy policy.

TABLE OF CONTENTS

• Collection and Use of Personal Information

• Sharing of Personal Information

• Information About our Website and App

• Interest-Based Advertising

• Safeguards, Account Deletion and Retention

• Access to Information

• Updates to the Privacy Policy

• Contact Us

  
  

  COLLECTION AND USE OF PERSONAL INFORMATION

  
  

  We may collect and use your personal information when you:

  
  

  Create a User Account (for Artists): When you create an Artist account via the Web, we collect your first and last name and an email address. We also collect certain additional information about you, including the stage of your career, a short bio, media used in your work and sales prices.

  
  

  As outlined above, Artists are asked to provide NALA with certain personal information and information relating to their work. If you decide to share such information with NALA, it is your responsibility to ensure you are submitting truthful information only.

  
  

  Create a User Account (Art Lovers): When you create an Art Lover account via the App, we collect your first and last name, an email address, information about your engagement with and interest in art and a username. We use this information to create and administer your online account.

  
  

  Create and Share your Artist Profile: We offer Artists the opportunity to create public User profiles through which they can create, curate, and share their art collections and artistic interests with other Users.

  
  

  When creating a profile, we will invite you to write a short bio that will be publicly viewable on your profile page, and upload a profile photo. The information you upload to your profile is public and viewable by other Users via your individual profile

  link and QR code, free for you to share. The links will direct to view your profile on the NALA App. Accordingly, you should be aware that any information you provide in these areas will be publicly viewable, except the individual artwork prices.

  
  

  We may collect additional information from you to create your public User profile:

  
  

• Information about you as an Artist: If you are an Artist, we invite you to share details about your work, such as information about your process and interests, or your background, training, future or past exhibitions, publications or recent press, grants and awards, or your experiences as a student or teacher.

  
  

• Information about you as an Art Lover: As an Artist, we invite you to share information about yourself, your preferences in art, the artistic styles and movements you are interested in and follow through the Service, and the artwork in your collection.

  
  

  Use your Like Section: We invite Art Lovers to use for reference and curate the artwork in the ‘Liked’ section of their profile. From this section you can view the liked Artists pages and start or continue conversations with your matches. We use information about the style and retail value of the artworks, which are accessible to matches Art Lovers at the Artists’ discretion, to track the demand for and value of certain art pieces over time, allowing Users to understand the market for the artworks they have added to their likes. We also use the Likes sections to personalize the User’s experience, features and content on the App.

  
  

  Match with Artists: Connection is the key element of our Service. We allow our Art Lovers to Match with Artists on the Service, and to view their profiles and available works. Accordingly, please remember that information you upload to your profile is publicly viewable and may be read, collected, and used by other Users. Please see our Terms of Use for rules and restrictions regarding User Submissions (as defined therein).

  Buy and sell artwork: We collect and use certain personal information to facilitate the buying and selling of art by our Users, as described below:

  
  

  Buying artwork

  
  

• When you offer to purchase artwork, we display (to Art Lovers) information about the offer, including your submitted artwork details and your profile.

  
  

• When a match has been made, the Art Lover can message the artist directly to discuss the work. We encourage Artists to check their inbox and respond to their matches in good time.

  
  

  Selling artwork

  
  

• When you add an artwork to our Service, we will ask the Artist to only upload correct information of works that are created by the Artist Account holder, finished in physical form and ready to ship

  
  

• We provide an image uploading guide that we suggest Artists to use in order to present their works in the best possible way. This will guarantee more matches and possible sales.

Visit the Website and use the App:You do not have to register to visit or use our Website. However, when using the App (Art Lovers) or the Web Login (Artists), you are required to log-in using your User account. We collect some personal information when you visit our Website or use the App. Please see the "Information about our Website and App" section below for detailed information regarding the personal information we collect when you visit our Website or use the App, and the choices you have with regards to that collection and use.

Sign-up to receive marketing communications: If you sign-up to receive email marketing communications such as newsletters, we collect your email address as

well as other information on an optional basis to help us tailor our communications to you. You can unsubscribe at any time by clicking the “unsubscribe” link included at the bottom of each email. Please note that you may continue to receive transactional and account-related communications from us.

Connect with us on social media: We may offer you the opportunity to engage with our content on or through third-party social networking websites, plug-ins and applications. When you engage with our content on or through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain information associated with your social media account (e.g., name, username, email address, profile picture, gender) to deliver the content or as part of the operation of the website, plug-in or application.

Create Content with NALA: When you agree to create content (i.e., a video recording or photo series) with us, we will record, produce and edit audio, video or written content based on our interview(s) with you, and may post the content to our Website, App and Social Media or use it for marketing purposes. You are responsible for obtaining the consent of any other identifiable individual for their appearance or their work’s appearance in your recording, or reference to them or their work in our interview or other content creation with you.

Send or Receive Referrals: Our Website and App may permit you to tell others about NALA. We do this by providing you with a referral link or code, which you can then provide to a friend or family member for their use in accessing our App and applying to create an account.

Participate in a live event, contest or promotion: When you apply for a live event participation, enter a contest or participate in a promotion, we may collect your name, address, email address, phone number, and any additional information or content required for the contest or promotion, including to deliver a prize to you and comply with related tax-reporting obligations, or that you otherwise provide, including your social media handle, profile picture and public posts or comments you make about our contest on social media networks. We use this information to administer the

contest or promotion and comply with related legal obligations. As part of a contest or promotion, we may also share or otherwise publish the content you submit.

Participate in a survey: From time to time, we may offer you the opportunity to participate in one of our surveys. The information obtained through our surveys is used in an aggregated, de-identified form. We use this information to help us understand our Users and to enhance our Website and App.

Contact Us: When you contact us with a comment, question or complaint, you may be asked for information that identifies you, such as your name, user account link, email address, along with additional information we need to help us promptly answer your question or respond to your comment. We may retain this information to assist you in the future and to improve our customer service and service offerings.

SHARING OF PERSONAL INFORMATION

We do not sell or disclose your personal information to third parties without your consent, except as set forth below or as required or permitted by law.

Service Features: Our Service is a social, connecting experience through which certain personal information about Users is shared with some or all other Users, or with the general public, depending on the relevant Service feature and on any applicable privacy settings. For example, the seller (Artist) Account is viewable by the Art Lover, and Vice-versa.

Service Providers: Your personal information will be transferred (or otherwise made available) to certain third parties that provide services to us. We use service providers to provide or receive services such as hosting the Website and App, cloud storage, payment processing, shipping, insurance, customer support and issue- tracking capabilities, and advertising, analytics, and marketing services. Our service providers may be located in the U.S., Canada or other foreign jurisdictions.

Legal and Compliance: We and our Canadian, US and other foreign service providers may provide your personal information in response to a search warrant to other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise may be required or permitted by applicable Canadian, U.S. or other law or legal process, which may include lawful access by US or foreign courts, law enforcement or other government authorities. Your personal information may also be disclosed where necessary for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.

Sale of Business: We may transfer any information we have about you as an asset in connection with a proposed or completed merger, acquisition or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of NALA Art or as part of a corporate reorganization or other change in corporate control.

INFORMATION ABOUT OUR WEBSITE AND APP

Visiting our Website: In general, you can visit our Website without telling us who you are or submitting any personal information. However, we collect the IP (Internet protocol) addresses of all visitors to our Website and other related information such as page requests, browser type, operating system and average time spent on our Website, as well as information we or our partners have stored in cookies (more on that below), such as unique identifiers assigned to your browser. We use this information to help us understand our Website activity and to monitor and improve our Website, and (as applicable) as described below.

Personalized Experiences: Our algorithm works by learning from our Art Lovers user behaviour on their Discover feed. We may collect and use your likes and dislikes within our App for the purposes of creating a personalized experience,

providing convenience features to you to resume searches or browsing, recommending artworks that you may be interested in buying or connecting to, and suggesting other Artist Users that may be relevant for you to match with.

In-App Push Notifications: If you provide your consent to receive push notifications, we may send push notifications to your mobile device to provide you with relevant information, such as: news about NALA, including product updates and features; news about the community and other third-party services; activity updates; notifications when an Artist you follow adds a new artwork; updates on royalties; new Matches. If you wish to stop receiving push notifications from us, you can turn off push notifications for the App either within the App preferences page or in the settings of your mobile device.

Analytics: We may use third parties such as Google Analytics to help us gather and analyze information about the areas visited on the Website (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the Website. These third parties may use cookies and other tracking technologies.

For more information about Google Analytics or to prevent the storage and processing of this data (including your IP address) by Google, you can download and install the browser plug-in available at the following link: https://tools.google.com/ dlpage/gaoptout?hl=en. You can also obtain additional information on Google Analytics’ data privacy and security at the following links:

• https://policies.google.com/technologies/partner-sites and

• https://support.google.com/analytics/topic/2919631

App Usage Information and Analytics: As with many applications, certain limited data is required for the App to function on your device. This data includes the type of device hardware and operating system, unique device identifier, IP address,

language settings, and the date and time the App accesses our servers. We use this information to help us understand the activity on our App, to monitor and improve our App, to verify that you are complying with our geographic restrictions in accordance with our Terms of Use, and to tailor your in-App experience. In addition, we may use third party service providers to collect analytical information about your use of the App, such as the App features used and time spent on the App, to help us tailor your in-app experience, improve our products and the quality of our App, and to manage and analyze data in order to better understand our Users.

Third Party Links: Our Website may contain links to other websites that NALA does not own or operate. We provide links to third party websites as a convenience to the User. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy policies, notices and terms of use. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat personal information. We encourage you to read the privacy policy of every website you visit.

INTEREST-BASED ADVERTISING

We work with third parties such as ad networks and other advertising companies that use their own tracking technologies (including cookies and pixel tags) on our Website and App in order to provide you with tailored advertisements across the Internet.

These companies may collect information about your activity on our Website, App and third-party websites (such as web pages you visit and your interaction with our advertising and other communications) and use this information to make predictions about your preferences, develop personalized content and deliver ads that are more relevant to you on third party websites. This information may also be used to evaluate the effectiveness of our online advertising campaigns. We do not respond to Web browser “do not track” or “do not sell” signals.

Opting-out of Interest-Based Advertising: For more information about interest- based advertising and to understand your options, including how you can opt-out of receiving behavioural ads from third-party advertising companies participating in the Digital Advertising Alliance of Canada, please visit the Digital Advertising Alliance of Canada website at http://youradchoices.ca/choices.

Please note that even if you opt-out of interest-based advertising by a third party, these tracking technologies may still collect data for other purposes including analytics and you will still see ads from us, but the ads will not be targeted based on behavioural information about you and may therefore be less relevant to you and your interests.

To successfully opt out, you must have cookies enabled in your web browser (see your browser’s instructions for information on cookies and how to enable them). Your opt-out only applies to the web browser you use so you must opt-out of each web browser on each computer you use. Once you opt out, if you delete your browser’s saved cookies, you will need to opt-out again.

You may also limit our use of information collected from or about your mobile device for purposes of serving targeted ads to you by going to your device settings and selecting “Limit Ad Tracking” (for iOS devices) or “Opt out of Interest-Based Ads” (for Android devices).

SAFEGUARDS, ACCOUNT DELETION AND RETENTION

We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody or control against theft, loss and unauthorized access, use, modification and disclosure. We restrict access to personal information on a need-to-know basis to employees and authorized service providers who require access to fulfil their job requirements.

You can delete your User account at any time under Settings in your Account Profile or by contacting us at [email protected]. If you delete your account, information about the artwork you have uploaded or purchased will continue to be publicly viewable on the Service. However, any attribution of such information to you will be removed from public view (though your identity and certain details may remain visible to participants in those transactions). Further, we may retain certain information to meet our legal or regulatory obligations.

We have record retention processes designed to retain personal information for no longer than necessary for the purposes set out herein or as otherwise required to meet legal, regulatory or business requirements.

ACCESS TO INFORMATION

Subject to applicable law, you have the right to access, update and correct inaccuracies in your personal information in our custody or control. You may request access, updating and corrections of inaccuracies in your personal information in our custody or control by emailing or writing to us at the contact information set out below. We may request certain personal information for the purpose of verifying the identity of the individual seeking access to his or her personal information records.

UPDATES TO THE PRIVACY POLICY

We may update this privacy policy periodically to reflect changes to our privacy practices. We encourage you to periodically review this page to ensure you are familiar with those changes. We will indicate at the top of this privacy policy when it was most recently updated.

CONTACT US

If you have any questions or comments about this privacy policy or the manner in which we or our service providers (including our service providers outside Canada) treat your personal information, or to request access to or correction of your personal information, please contact us at [email protected].