Last Modified: 5 May 2018
- THoTA Data and Customer Content
- THoTA Data we receive or collect
- How we use THoTA Data
- Customer Content we process for our customers
- Cookies and related technologies
- When we may share personal information
- Information storage and international transfers
- Email preferences
- Your rights
- Contacting us
- The House of The Artists Ltd. and its affiliates ("THoTA") are committed to protecting the privacy of all individuals who:
- visit any websites or mobile sites offered by THoTA, including without limitation thehouseoftheartists.com, and including all subdomains, present and future (the "Website");
- use the mobile applications that THoTA makes available from time to time (the "Applications");
- use the Services including THoTA e-newsletter, InstaLab, Instagram Competition, Instagram services, Digital Art Marketing services, Coaching Services and other THoTA products and services (the "Platforms"); and
- purchase THoTA-branded and other items from the THoTA Shop located at thehouseoftheartists.com/buy-thota-services/ and other domains (the "Shop").
- When we talk about "Personal Information", we mean information relating to you or other identifiable individuals.
- To make this policy easier to read, we call the Website, the Applications, the Platforms, and the Shop together the "Services". When we talk about "Personal Information", we mean information relating to you or other identifiable individuals.
THoTA Data and Customer Content
- We collect Personal Information (such as registration and account information) from our customers and users of the Services for our own purposes, such as to provide and administer the Services ("THoTA Data"). We're the data controller in respect of this information. THoTA Data is also referred to as "Customer Information" in our Terms with our Enterprise Customers. We also process Personal Information on behalf of our customers as their data processor, such as content generated, requested or published via the Platforms in accordance with the instructions our customers give us through the Services (including, for example, the information our customers monitor or collect from social media sites like Instagram and Facebook through the Services) ("Customer Content"). Our customers control how their Customer Content is collected and used by them. In legal terms this means that our customers are the data controller of their Customer Content. Accordingly, we only use Customer Content to provide the Services to our customers in accordance with the lawful instructions they give us through the Services.
The e-newsletter data is directly collected via THoTA website and by a third-party application called Mailchimp that THoTA does not own or control ("Third-Party Apps") that our customers choose to access.
THoTA Data we receive or collect
When you first register for a THoTA Data we receive or collect account, and when you use the Services, we collect some Personal Information about you such as:
- your full name, username, and email address and other contact details
- the geographic area where you use your computer and mobile devices
- other optional information as part of your account profile
- your IP Address and, when applicable, timestamp related to your consent and confirmation of consent
- other information submitted by you or your organisational representatives via various methods (phone, email, online forms, surveys, in-person meetings, etc)
- your billing address and any necessary other information to complete any financial transaction, and when making purchases through the Services, we do not collect your credit card or PayPal information
- user-generated content (such as messages, posts, comments, pages, profiles, images, feeds or communications exchanged on the Supported Platforms)
- images or other files that you may publish via our Services
- information we may receive relating to communications you send us, such as queries or comments concerning our Services
- information relating to an individual's real time location
THoTA also automatically collects and receives certain information from your computer or mobile device, including the activities you perform on our Website, the Platforms, and the Applications, the type of hardware and software you are using (for example, your operating system or browser), and information obtained from cookies (see "Cookies and Related Technologies" below). For example, each time you visit the Website or otherwise use the Services, we automatically collect your IP address, browser and device type, access times, the web page from which you came, the regions from which you navigate the web page, and the web page(s) you access (as applicable).
How we use THoTA Data
The House of The Artists uses THoTA Data for the following general purpose:
- to identify you when you log in to your membership account
- to enable us to operate the Services and provide them to you
- to verify your transactions and for purchase confirmation, billing, security, and authentication (including security tokens for communication with installed Third-Party Apps)
- to analyze the Website or the other Services and information about our visitors and users, including research into our user demographics and user behaviour in order to improve our content and Services
- to contact you about your account and provide customer service support, including responding to your comments and questions
- to share aggregate (non-identifiable) statistics about users of the Services to prospective advertisers and partners
- to keep you informed about the Services, features, surveys, newsletters, offers, contests and events we think you may find useful or which you have requested from us
- to sell or market THoTA products and services to you
- to better understand your needs and the needs of users in the aggregate, diagnose problems, analyze trends, improve the features and usability of the Services, and better understand and market to our customers and users
- to keep the Services safe and secure
We also use non-identifiable information gathered for statistical purposes to keep track of the number of visits to the Services with a view to introducing improvements and improving the usability of the Services. We may share this type of statistical data so that our partners also understand how often people use the Services, so that they, too, may provide you with an optimal experience.
Customer Content we process for our customers
- user-generated content (such as messages (including direct or private messages), posts, comments, pages, profiles, images, feeds or communications exchanged on the Supported Platforms)
- contact details (such as name, email address, telephone number)
- additional individual information (such as age, gender, employer, profession, geographic location, education information, financial status, habits and preferences)
- information relating to individual's real-time location
- THoTA is a digital art marketing platform which includes social media agency for Instagram, digital marketing strategies and artist coaching. By its nature, Services enable our customers to boost their Instagram account on their behalf, to create digital marketing campaigns and to support their artistic career.
Services help our customers to manage their social media campaigns on their behalf, to develop marketing and advertising strategies; engaging audiences; scheduling and publishing messages on their behalf, and analyze the results. In this way, our customers can obtain, use and analyze Personal Information from Supported Platforms and third-party services. Such information can include Personal Information of all types, including but not limited to the following categories:
Cookies and related technologies
The Services use "session cookies", which improve your user experience by storing certain information from your current visit on your device, such as log-in information. These enable us to remember your login session so you can move easily within the Website or the other Services. Without these session cookies, we wouldn't be able to provide the Services to you. These session cookies have limited functionalities and expirations, and you will be required to re-enter your THoTA log-in information after a certain period of time has elapsed to protect you against others accidentally accessing your account contents and related Personal Information. Other examples of our use of session cookies include to track the number of visits by a particular visitor to a page and to store items in an online shopping cart for the Shop.
Performance and Remarketing Cookies
THoTA uses a specific cookie in order to facilitate the use of Google Universal Analytics for users logged-in to the Applications or the Platforms ("Logged-In User). If you are a Logged-In User, THoTA may use your IP address in combination with Google Universal Analytics and Google Analytics to track and analyze the pages of the Services you visit. We do this only to better understand how you use the Website and the other Services, with a view to offering improvements for all THoTA users; and to tailor our business and marketing activities accordingly, both generally and specifically to you. Google Analytics cookies do not provide THoTA with any Personal Information.
Learn more about privacy at Google and to opt-out of this feature by installing the Google Analytics Opt-out Browser Add-on.
Google Display Advertising
Additionally, THoTA uses Google Analytics code that allows for certain forms of display advertising and other advanced features. Subject to change, the Google Display Advertising features THoTA currently uses are Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting.
These features are used to advertise online; to allow third-party vendors, including Google, to show you advertising across the Internet; to allow THoTA and third-party vendors, including Google, to use first-party cookies (such as the Google Analytics cookie) and third-party cookies together to inform, optimize, and serve ads based on your past visits to the Website and to report how ad impressions, uses of ad services, and interactions with these ad impressions and ad services are related to visits to the Website. Data from Google's interest-based advertising or third-party audience data (such as age, gender, and interests) is also combined with Google Analytics to better understand the needs of THoTA users and to improve the Services.
You may opt out of such display advertising at any time by visiting your Google Ads Settings page or by installing and running the Google Analytics Opt-out Browser Add-on.
THoTA uses other third-party performance and remarketing cookies, and further information on those third-party cookies can be obtained by contacting us. THoTA may also use related technologies including web beacons, bugs, pixels, and software tokens in order to facilitate your use of the Services. Most notably, the Services use software tokens (stored securely on THoTA -controlled servers) in order to facilitate the logging in to and the functioning of both the Supported Platforms and Third-Party Apps. Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set.
The Network Advertising Initiative has also developed a tool that may help you understand which third parties have currently enabled cookies for your browser and opt-out of those cookies. Further information can be found at https://www. networkadvertising.org/managing/opt_out.asp.
Please note however that, by blocking or deleting cookies, you may not be able to take full advantage of the Website, Applications, Platforms, and/or Shop. If you do not want to receive tracking pixels, you will need to disable HTML images in your email client, and that may affect your ability to view images in other emails that you receive.
When we may share Personal Information
(1) when you consent to the disclosure of such information to a third party when connecting to a third-party service that asks you if you consent to such sharing;
(2) where we are legally required to do so, such as in response to court orders or legal process, or to establish, protect, or exercise our legal rights or to defend against legal claims or demands;
(3) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person;
(4) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Services infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Website infrastructure or the Services generally);
(5) to a parent company, subsidiaries, joint ventures, or other companies under common control with THoTA;
(7) if this information is not private, is aggregated or is otherwise non-Personal Information, such as your public user profile information and related public data (such as comments, likes, etc.) or the number of users who clicked on a particular link (even if only one did so).
Protecting the safety of children when they use the Internet is very important to us. Our Services should only be accessed by individuals of Minimum Age. "Minimum Age" may mean different ages in different countries, depending on where the individual accesses the services. For reference, "Minimum Age" shall mean:
(a) 14 years old for the United States, Canada, Germany, Spain, Australia, and South Korea; and
(b) 13 years old for all other countries.
The Services are not designed nor intended for use by children or anyone else under the age of 13.
We use industry best practices to keep any information collected and/or transmitted to the Supported Platforms or Third-Party Apps secure. This includes the use of HTTPS with TLS (Transport Layer Security), which encrypts all transmitted data, and OAuth 2.0 protocols for authentication and data transfer to Supported Platforms and Third-Party Apps. Certain Personal Information, most notably THoTA log-in details, is encrypted during transmission using TLS. Once validated within our system, passwords are deleted from our system.
Payments are only processed via Paypal which is PCI-DSS Compliant. At no point does THotA have access to your credit card information.
You should bear in mind that submission of information over the Internet is never entirely secure. We cannot guarantee the security of information you submit via the Services whilst it is in transit over the Internet and any such submission is at your own risk, and this risk is specifically disclaimed in our Terms.
If you are a Logged-in User, it is advisable that you log out of your account at the end of every session and not leave a logged-in account unattended for any period of time, particularly if you use a shared computer or device.
THoTA might store some Personal information in a DropBox folder, which is protected by a secured VP line. The Services are mainly provided by our offices in the UK. However, by the very nature of the Services, the data that is viewed, collected, stored or posted on or through the Services also needs to flow from wherever you are located in the world, to where our Supported Platforms are storing the same data.
By using any of the Services, or submitting or collecting any Personal Information via the Services, you authorize THoTA and its authorized service partners to use and process Customer Content and THoTA Data (including any Personal Information) in these countries. Please be aware that the privacy protections and the rights of authorities and Government agencies to access your Personal Information in some of these countries may not be equivalent to those in your country.
For our customers with a principal location in the EU: If you primarily use the Services within the EU, we will process Customer Content (which may include Personal Information) as a data processor on your behalf. Under EU law, you are considered to be the data controller of the Customer Content, and as such you are responsible for complying with applicable data protection laws in respect of the processing of Customer Content and the lawful instructions you give us.
You may opt out of our e-newsletter and other marketing communications sent by THoTA by managing your email preferences on Mailchimp Management page, or by following the unsubscribe instructions included in each email.
You can contact us to obtain a copy of the Personal Information held about you by us. This may be subject to a fee not exceeding any prescribed fee permitted by applicable law. You can also ask us to correct and, where relevant, erase that information. Please note that certain Personal Information may need to be retained by THoTA for a period of time following the cancellation of your account where this is necessary for our legitimate business purposes or required or authorized by applicable law. As mentioned above you have a right to change your email preferences at any time.
You should be aware that THoTA acts as a conduit between our users and the various Supported Platforms and Third-Party Apps. In several instances, the content published via THoTA will not be in THoTA's custody or control, and any content that has been shared by you through any Supported Platform or Third-Party Apps via the Services may continue to be available to third parties and the public at large, as this content is now under the control of the operators of the Supported Platforms and/or the Third-Party Apps.
c/o The House of The Artists (THoTA)
34 New House
67-68 Hatton Garden
London EC1N 8JY
© 2018 The House of The Artists (THoTA) Ltd.