Privacy Policy

Effective as of June 1st, 2022

This Privacy Policy describes the privacy practices of Otentu, (“Otentu”, “we”, “us”, or “our”), and how we handle personal information that we collect about you when you access or use our art sales platform through our website www.otentu.com (the “Service”).

We have created this Privacy Policy to explain why and how we collect, use, disclose and otherwise process personal information in connection with your use of our Service.

In addition, this Privacy Policy explains the legal rights and choices, available to you with respect to your personal data and how you may exercise these rights.

We ask that you read this Privacy Policy carefully. This Privacy Policy should be read together with our Terms and Conditions. By accessing or using the Service, you are agreeing to the terms of this Privacy Policy and the accompanying Terms & Conditions.

 

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE THE SERVICE.

 

  1. Who We Are?

Otentu Inc., is a US based company and is the data controller of your personal information.  Our address is: 200 Continental Drive, Newark, DE 19713

You can contact us by email: info@otentu.com

 

  1. Personal Information We Collect About You

This section explains which personal data we collect about you when you access or use our Service. Whether you are Creator selling creations or a buyer purchasing creations through our Service, we need to collect certain personal information about you, so we can provide our Service to you.

We will obtain information about you through your registration to our Service to buy or sell creations, or access of the Service. We may collect your personal information, whether from you directly (for example, when you set up an account or when you submit an inquiry through an email) or automatically (for example, when you access or interact with our Service).

You may choose not to provide some or all your personal information to us, but this may prevent us from providing our Service to you, or limit our ability to provide you with the full scope of Service.

If you are a Creator, selling your creations via our Service, we may collect the following personal information about you, to provide you with the Service:

  • To use our Service, you will need to set up an account. You may choose to simplify account creation by connecting through your Google, LinkedIn or other 3rd party account supported by the Service. In such cases, we will create your account by extracting certain personal information, such as your name and email address and other personal information, that your privacy settings on such account permit us to access from such account.
  • Communications information based on exchanges with you, including when you contact us with questions, feedback, or otherwise.
  • Marketing information, such as your preferences for receiving our marketing communications and details about your engagement with them.
  • Social media information, such as information you use to login
  • Information related to your personal and professional experience, used to showcase you and your creations to Buyers.
  • Your signature in order to enable us to create a certificate-of-authenticity for the Buyer on your behalf.
  • Art-related information about designs and creations that you create and sell through the Service, such as your username/artist name and names, types, characteristics, images & videos and descriptions of your designs and creations.
  • Payment information, such as your PayPal details.
  • Transaction information, such as your sales history.
  • Identification numbers such as your tax identification number, student ID, or governmental ID to confirm your identity and facilitate monetary payments to/from you.
  • Other information not specifically listed here which we will use, as described in this Privacy Policy or as otherwise disclosed at the time of collection.

If you are a Buyer, purchasing creations via our Service, we may collect the following personal information about you, to provide you with Service:

  • To make purchases through our Service, you will need to set up an account. You may choose to simplify account creation by connecting through your Google, LinkedIn or other 3rd party account supported by the Service. We will create your account by extracting certain personal information, such as your name and email address and other personal information, that your privacy settings on such account permit us to access from such account.
  • Communications information based on exchanges with you, including when you contact us with questions, feedback, or otherwise.
  • Marketing information, such as your preferences for receiving our marketing communications and details about your engagement with them.
  • Social media information, such as information you use to login to.
  • Payment information, such as your credit card number or PayPal details needed to complete your purchases.
  • Billing and shipping information, including, contact name, address, telephone number, credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular Service. Transaction information such as your purchase and return history.
  • Other information not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

We May Receive Personal Information from Third Party Sources:

We may receive information about you from third party sources, such as public information on social medial platforms. We may combine personal information we receive from you with personal information we obtain from other sources. This information is used to prevent fraud and to keep the Service secure, to analyze and understand how the Service work for registered users and visitors, and to provide a more personalized experience for registered users and visitors

We May Automatically Collect Data About You:

In addition to the information, you provide to us, the Service may collect and process additional data automatically once you access or use the Service, this data may include your:

  • Device Registration Data (for example, the type of mobile device you use, your mobile device’s unique device or advertising ID, IP address, operating system and browser type)
  • Device Settings (for example, your language preference)
  • Mobile Carrier
  • Information about how you use the Service (for example, how many times you use the Service each day)
  • Requested and Referring URLs
  • Information collected through cookies and other tracking technologies, including, but not limited to, your IP address and domain name, your browser version and operating system, traffic data, location data, web logs and other communication data, and the resources that you access. Additional information on cookies we use, can be found on our site.
  • Art-related information about creators, designs and creations that you have shown an interest in, either explicitly or implicitly through the Service, such as creator names, types of creations, and the characteristics and descriptions of designs and creations that we infer that you have an interest in.

 

  1. How We Use Your Information

This section explains how we use personal data we collect about you, and for which purposes, when you access or use our Service.

To summarize, we mainly use your data to provide you with our Service. We also track and process your personal data and other data to understand your needs and improve your experience with the Service accordingly. Additional data about your use of the Service is required to analyze and fix technical issues, enhance and improve the Service features.

We may also aggregate and/or de-identify any information that we collect, such that the information no longer identifies any specific individual (meaning, it can no longer be linked to your identity). We may use, disclose, and otherwise process such information for our own legitimate business purposes – including historical and statistical analysis and business planning – without restriction.

By using our Service, you consent that we may use cookies and third-party Service, and collect your usage data under a unique identifier, for the purposes of tracking, analysis, and improvement of our Service.

To process your personal data in compliance with EU General Data Protection Regulations (GDPR), we have identified a legal basis for processing for each purpose of processing.

In detail, our purposes, and legal bases for collecting and processing your personal information are as follows:

  • Service provision, Service improvement, and communications: we use your personal information to operate, provide and improve our Service (including, to verify ownership of an account, to mitigate fraud and abuse, to comply with regulatory obligations, or to complete a transaction as a buyer or seller), to contact you from time to time with regard to the Service, and to carry out obligations arising from any agreements between you and us.
    We rely on contract performance and our legitimate interest (to correspond with you, to enable us to provide you with the Service and to improve the Service).
  • Marketing: we may use your personal information to provide you with updates, offers, and promotions, where you have consented to receive these. We may also use your information for marketing our own products and Service to you by email and, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing. If you wish to unsubscribe from receiving marketing communications from us by email, please follow the instructions contained in each email you receive from us describing how you can opt-out from receiving further marketing communications from us.
    For this purpose, we rely on consent where required, and legitimate interest (to enable us to provide you with contents and suggest products related to your interests).
  • We may use third-party for analytics Service (such as 3rd party cookies) to evaluate and understand your use of the Service, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Service and your usage. These third parties use cookies and other technologies to help analyze and provide us the data. We need these analytics data to improve our Service and enhance your experience when you access and use our Service.
    For this purpose, we rely on consent where required, and legitimate interest (to enable us to provide you with contents and enhance your experience with our Service).
  • If you make a sale or a purchase through the Service, you may be able to pay or receive payment using a third-party payment service, such as PayPal. All information collected by these third-party payment Service for purposes of processing your payments is not available to us, unless you have otherwise provided this information to us in connection with your use of the Service. Information collected from you by these third-party payment Service is governed by the applicable third-party payment service’s privacy policy. You should review the applicable privacy policy prior to submitting any information to the applicable third-party payment service.
    In case, we are provided with your payments related information for processing of payments, we rely on the contract performance as legal basis.

 

  1. How We Disclose and Share Your Information

This section explains how we share your personal information, with whom and for which purposes.

We respect and maintain your privacy. We will not sell, rent, or license your personal information to third parties.

However, in certain cases, we may share information about you for the purposes described in this Privacy Policy, as follows:

 

  • Otentu’s Affiliate or Business Transactions: we may share your information with Otentu’s affiliates for legitimate business purposes, including, processing operations, such as data hosting and maintenance.
    As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, we may share your information as part of the transaction.
  • Creators or Buyers: As we facilitate the purchase and sale of art creations between creators and buyers, we will also facilitate the sharing of information between the creator and seller involved in the purchase, such as shipping address of buyer, email addresses, and payment status.
  • Third Party Service Providers: We may use third party service providers (including cloud storage and web hosting providers) who support use in provisions and performance of the Service. Service providers may provide us with hosting Service and store data processed in the scope of the Service; or other Service providers that may handle payment or credit card processing, data management, shipping, customer data pooling or aggregating, feature administration, email distribution, market research, information analysis, and promotions management. These service providers will only have access to the information needed to perform these limited functions on our behalf.
  • Advertisers. We may share your information with advertisers and analytics companies who may use it to deliver targeted advertisements to you on the Service. Similarly, these advertisers may share information with us about you that they have independently gathered or acquired. We may also share encrypted versions of information we have collected in order to enable our advertising partners to perform data analysis or for advertising-related use.
  • Legal or Regulatory Obligations. We may disclose and/or share your information to comply with legal or regulatory obligations (including to comply with a court order, judicial subpoena or other subpoena or warrant), industry standards, judicial process, and our policies, as well as to protect against, identify, investigate, prevent and respond to fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of our Service), and claims and other liabilities.

 

  1. How We Protect Your Personal Information

This section explains how we maintain security of your personal data while stored and when transmitted.

We respect and maintain the security of your personal data. We only collect and process your personal data for the aforementioned purposes. Your data is secured on our server and will be encrypted.

 

We apply security measures to protect against the misuse, loss, and/or alteration of personal data under our control. Despite these measures, however, we cannot and do not guarantee that information will be absolutely safe from interception or intrusion during transmission or while stored on our system, or otherwise.

When you create an account as part of using our Service, your account is password protected. You are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. Please notify us of any unauthorized use of your password or account. When your data is transmitted between your device and our servers it will be encrypted.

 

  1. For How Long We Store Your Personal Information

This section explains how long we retain your data before we delete it. We do not retain your personal data in an identifiable format for longer than necessary to deliver our Service.

We retain your personal information for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose or to fulfill legal obligations or requirements. Where there is no longer a need or legal obligation to retain your personal information, such information will be securely deleted by us.

 

  1. Your Rights In Relation To Your Personal Information

This section explains which rights you can exercise in relation to your personal data. Certain data protection laws, such as the EU GDPR, grant individuals whom their personal data is processed, certain rights related to their personal data. In compliance with such laws, Otentu gives you the option to exercise such rights, as follows:

 If you are resident of the EEA, Switzerland or UK, you may have some or all of the following rights in relation to how we use your personal information:

  • Right of access: you may request information on, or a copy of, your personal data processed by us. Upon your request, this information will be provided to you electronically.
  • Right to correction: If your personal information is inaccurate or incomplete, you may request to have it rectified or completed.
  • Right to erasure: You may ask us to delete or remove your personal data in some circumstances, such as where we no longer need it, or when you withdraw your consent.
  • Right to restrict processing: You may ask us to limit or ‘block’ the processing of your personal data in certain circumstances, such as where you contest the accuracy of your personal data or object to us processing it.
  • Right to data portability: where you have provided consent for processing of your personal data or where the data processing is necessary to perform a contract with you, you may ask us to provide you with your personal data in a structured, commonly used and machine-readable format, that can be shared with others.
  • Right to object: where we relined on legitimate interest, you may ask us at any time to stop processing your personal data. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.
  • Right to withdraw consent: If we rely on your consent to process your personal data, you have the right to withdraw that consent at any time without having to provide a reason for withdrawal.
  • Right to lodge a complaint with the data protection authority: You also have the right to complain about how your information is handled by us, to a supervisory authority that is responsible for enforcing data protection law.

 

You may request to access, change or delete personal information we hold about you, by contacting us here.


If we change or delete your personal information or if you decline to actively share certain personal information with us, we may not be able to provide you with our Service or some of the features and functionality of our Service.

We may reject requests for certain reasons, including if the request is unlawful or if it may infringe on the rights and freedoms of another person.

We may require proof of identity and verification before we can address your request to exercise your right.

 

  1. International Transfers Of Your Personal Information

When we process your personal data, we may transfer it to other countries for the purposes detailed herein. When we transfer your personal data abroad, we ensure that appropriate transfer mechanisms are in place, such as, transferring personal data only to countries which are recognized by the European Commission, as countries providing adequate data protection level, or by executing special data transfer agreements, designated to protect your personal data at the destination county.

We may transfer your personal information to countries other than the country in which the data was originally collected for the purposes described in this Privacy Policy. Recipients of your data may be in countries that do not provide the same standard of legal protection for your information as in your country, thus increasing the risk that you will not be able to enforce the above rights and that recipient organizations may not be legally required to fully secure your data. Certain international recipients of your information may have signed special contracts to provide legal protection for your transferred information (e.g., so called “Standard Data Protection Clauses”). In any event, all recipients of your data shall maintain your confidentiality.

 

  1. Communications, Notifications And Device Settings

This section explains, how, when, and why we may communicate with you.

 We may use your personal data, such as your email address, to contact you with messages and notifications. These include surveys, text messages, and emails to deliver Service-related content, such as suggestions for art works. You can choose to opt out of being contacted at any time.

You may consent to push notifications, when you activate the Service for the first time, or it might be that your device settings allow such notifications. You can change your settings on your device to either consent or decline the display of the application’s push notifications. If you disable push notifications, part of the Service may be impacted.

You also consent to us contacting you via email or text message if you have contacted us by email for questions or support requests in connection with Service. You can withdraw your consent at any time.

We may also use surveys to receive your feedback. Such information given by you via such surveys is processed by us for the purposes as set forth in this Privacy Policy.

 

  1. Information Relating To Children

We do not knowingly collect or use personal data from children under the age of 18 years old (or older if required in an applicable jurisdiction to comply with applicable laws). If you are not 18 years old (or older if required in an applicable jurisdiction to comply with applicable laws) then DO NOT DOWNLOAD OR USE THE SERVICE. If we gain actual knowledge of the information from or about a child under the age of 18 years old, we reserve the right to immediately delete the account and wipe all related information from our servers. You are responsible for any and all account activity conducted by a minor on your account.

 

  1. Updates To Our Privacy Policy

We reserve the right to update this Privacy Policy from time to time, to reflect changes in our practices and Service or changes in applicable laws. When this Privacy Policy is updated, we will update the date of this Privacy Policy accordingly. Continued use of the Service after such date constitutes acceptance of the updated Privacy Policy. If we make material changes to how your personal information is collected, accessed, or otherwise used as a result of your use of the Service or if your rights under this Privacy Policy are materially impacted by changes to our privacy practices, we will inform you by additional means such as notification to your email address. Please check this Privacy Policy periodically for changes.

 

  1. CONTACT US

You may contact us with questions, comments, or concerns about our Service and this Privacy Policy, or to exercise your data protection related rights by submitting your requests or inquiries to privacy@otentu.com

 

 

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