Legal

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Arta Shipping, Inc. Privacy Policy

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This Privacy Policy (“Policy”) describes how Arta Shipping, Inc. d/b/a Arta (“Arta” 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 and Conditions, which can be viewed at Arta Terms. Any capitalized terms that are used but not defined in this Policy have the same meaning given to them in our Terms and Conditions. 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 and Conditions. By using our Services, you consent to the collection, use and sharing of your Personal Information as outlined in this Policy. You may withdraw consent at any time in writing, however such withdrawal does not negate our right to process your data prior to your withdrawal.

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Effective date: July 19, 2023

Last modified date: January 1, 2024

Table of Contents

1. When This Privacy Policy Applies
2. Types of Information We Process
3. How We Use the Information We Collect and Why
4. Communication Preferences
5. Accounts and User Profiles
6. User Content
7. User Communications
8. With Whom Do We Share Personal Information?
9. Aggregated and Non-personal Information
10. Payment Information
11. Other Websites and Services
12. International Processing
13. Transfer of Data
14. Children’s Information
15. Security
16. Statutory Requests
17. Dispute Resolution
18. Changes to this Privacy Policy
19. Contacting Arta

1. When This Privacy Policy Applies

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This Policy applies to all of our Services, regardless of how you use them, and whether or not you register for an Arta 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. If, at any time during the course of using our Services, you are directed to a third-party site, you understand and agree that the policies of the third-party site govern.

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2. Types of Information We Process

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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 Arta account or update your account or User profile information, or submit a shipment request;
• access or use our Services, such as when you submit or view a shipping request, view or select a quote, make a payment for a shipment or otherwise perform transactions (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 Arta account to your account on another service (for example if you enable an inventory management integration), 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; or
• communicate with us.

Information Collected Automatically: We may automatically collect certain information about how you access or use our Services, and by using our Services you consent to the collection of that information. 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 and emails. We may also use third-party service providers (such as analytics or payments 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 another User uses our Services to arrange a service for you, or if you allow another user to perform a transaction on your behalf (for example specifying you as the payment party for a shipment), we may obtain information about you from other Users. 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 legitimate business purposes, including the performance of a contract, 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 visit our website from a mobile browser, we may obtain information about your location and mobile device, including a unique identifier for your device for legitimate business purposes. 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.

Types of Information We Collect:

• Identity information, such as your first name, last name, username or similar identifier;
• Contact information, such as your postal address, email address and telephone number;
• Profile information, such as your username and password, preferences, feedback and survey responses;
• Feedback and correspondence, such as information you provide in your responses to surveys, when you participate in market research activities, report a problem with Service, receive customer support or otherwise correspond with us;
• Financial information, such as your credit card or other payment details;
• Transaction information, such details about purchases you make through the Service and billing details;
• Usage information, such as information about how you use the Service and interact with us;
• Marketing information, such your preferences for receiving marketing communications and details about how you engage with them;

Sensitive Personal Information

Subject to the following paragraph, we ask that you not send or disclose to us any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or union membership) on or through the Service or otherwise.

If you send or disclose any sensitive personal information to us (such as when you submit user generated content to the Site), you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not provide it.

‍Changes to Your Personal Information

It is important that the personal information we hold about you is accurate and current. Please let us know if your personal information changes during your relationship with us by updating your registration profile or emailing us at legal@arta.io.

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3. How We Use the Information We Collect and Why

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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. For the sake of transparency, it is our responsibility to outline for you the legitimate business purposes for the collection of information, and the reasons why we do so, in order for you to make an informed decision regarding the use of our Services. 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 and reasons:

• to provide our Services to you, including new Services we develop later (reason: legitimate business purpose and performance of a contract);
• to provide you with customer support (reason: legitimate business purpose);
• to facilitate your communications or transactions with us or other Users (reason: to receive consent, and for legitimate business purpose);
• 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 (reason: legitimate business purpose);
• to develop and display more customized Content to you on or off our Services (reason: to receive consent, and for legitimate business purpose);
• 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 (reason: to protect the public interest and for legitimate business purpose);
• 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 (reason: performance of a contract and for legitimate business purpose);
• 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) (reason: to receive consent, and for legitimate business purpose);
• to facilitate your participation in contests, sweepstakes or other promotional events sponsored or conducted by us or by others in conjunction with us (reason: performance of a contract);
• to comply with our legal obligations, resolve disputes, or enforce our Terms and Conditions or any other Arta policies or agreements with Users (reason: compliance with a legal obligation);
• to perform other functions as described when the information is collected or requested, or for other purposes with your prior consent (reason: legitimate business purpose).

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4. Communication Preferences

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Every email we send, both marketing and transactional, contain links that allow you to unsubscribe. If you do not want to receive marketing email from us, you can unsubscribe by following the unsubscribe link in the email you received, or emailing us. If you choose to opt out of transactional emails, the opt out will only be temporary, as those communications are critical to conducting business with us, such as email about your account, your relationship with us, or your transactions. For further information, please contact us at legal@arta.io. Please note that unsubscribing from receiving emails from us may result in a less robust experience of our Services.

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5. Accounts and User Profiles

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Registration, Access and Records: To register for an Arta 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 an Arta 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 terminate your account and all data associated with it, you may do so by emailing legal@arta.io, 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 shipments, quotes and vendor preferences will be removed at such termination. For further information, please contact us at legal@arta.io.

Data Retention: We will keep and use your data as described in this Policy for (i) as long as your account is in use, is open, or is active; (ii) as long as is necessary to comply with any tax, legal, and/or other regulatory requirements; and (iii) to protect and defend against potential legal claims. If you would like to request the deletion of your personally identifiable information or request that it be returned to you, please contact us at legal@arta.io. By deleting your data from our Site, you understand that you will no longer be able to use our Services. We will retain your anonymized, aggregated, depersonalized data after it has been deleted from our Site.

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6. User Content

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As described in our Terms and Conditions, some Services may enable you to provide User Content on or through our Services. When you post or share User Content on or via our Services, any information contained in the User Content (including information in images or videos) becomes 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 and Conditions. 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. For further information, please contact us at legal@arta.io.

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7. User Communications

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Connecting with Other Users: We aim to provide a platform and marketplace where Users can discover and engage with a wide range of shipping and other service vendors. 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.

Sharing Information with Other Users: When you use our Services to contact another User or perform a transaction with another User, such as an auction house, gallery, vendor or institution, they may obtain your name, email address and (as applicable) other contact information from us to facilitate communications, services or transactions.

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8. With Whom Do We Share Personal Information?

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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 Stripe, TransferWise, Quickbooks and Bill.com, 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 an Arta account, we will notify you of the change of ownership by sending an email to the most recent email address you provided us under your Arta 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 and Conditions 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 Arta, you, or any other person or entity; or (v) prevent physical harm to any person, including situations involving possible violence or self-harm; granted that we will provide you with prompt notice thereof so that you may seek an appropriate protective order or other appropriate relief, or waive compliance with the provisions of this Agreement.

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9. Aggregated and Non-personal Information

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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 legitimate business purposes, including research and development, marketing, and to inform others about how our Services or Content are engaged with or used.

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10. Payment Information

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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. If you do not wish to provide payment information, you will not be able to use certain Services on our Site.

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11. Other Websites and Services

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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 Arta account to your account on other services. For example, you may be able to sign up for (or sign in to) our Services through another service such as an inventory management system. 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.

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12. International Processing

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Arta is based in the United States. Our Users (including the galleries and other organizations that use our Services), 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.

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13. Transfer of Data

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Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Arta Shipping, Inc. will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information. 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.

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14. Children’s Information

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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 at legal@arta.io.

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15. Security

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Every Arta 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.

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16. Statutory Requests

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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 legal@arta.io. 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).

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17. Dispute Resolution

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As this Policy is part of our Terms and Conditions, 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 and Conditions, including any provisions regarding the limitation of damages and liability, choice of law, and dispute resolution.

If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us at legal@arta.io or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.

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18. Changes to this Privacy Policy

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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.

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19. Contacting Arta

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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, delete, or request access to such Personal Information, you may contact us by email sent to legal@arta.io, or by postal mail sent to:

Arta Shipping, Inc.
160 Varick Street, Suite 3-130
New York, New York 10013
USA

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