Who we are
The Art Shop (the Site) is a digital marketing platform operated by Dagaz Gallery.
IXI NINTH VERTICAL (ABN 32 167 055 503) is trading as Dagaz Gallery via this website platform.
The Site markets the Goods of Sellers who have agreed to use the Site to market and sell their merchandise. Dagaz Gallery works as the Artist’s agent to put together buyers and Sellers and to facilitate purchases.
questions, please contact us. Contact details are:
Our website address is https://www.dagaz-gallery.com.
Our office address:
1/1 Newcastle Drive, 2452 Toormina, NSW (02) 66582599, email: email@example.com
You have come through to this page from a website that is published by a subsidiary of IXI Ninth Vertical.
In this policy, “us”, “we” or “our” means IXI Ninth Vertical (ABN 32 167 055 503) trading as DAGAZ GALLERY and its related bodies corporate, partnerships, and joint venture entities.
If you require information regarding compliance with the EU GDPR please go here.
You have come through to this page from a website which is published by a subsidiary of IXI Ninth Vertical.
In this policy, “us”, “we” or “our” means IXI Ninth Vertical (ABN 32 167 055 503) trading as DAGAZ GALLERY and its related bodies corporate, partnerships and joint venture entities.
This policy sets out:
- what is considered personal information;
- what personal information we collect and hold;
- how we collect, hold, use or disclose personal information;
- the purposes for which we collect personal information;
- what happens if we are not able to collect personal information;
- how to seek access to and correct your personal information;
- whether we disclose personal information outside Australia; and
- how to contact us.
We are bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (subject to exemptions that apply to us under that Act). However, due to the nature of some of our business activities, from time to time, we will handle personal information relying on the media exemption in the Act where appropriate. Where we do so, we will ensure that we comply with the Australian Press Council Privacy Standards. We may also rely on related bodies corporate, employee records and other exemptions in the Act. If you require more information on the collection and use of personal information in the course of journalism, please visit the Australian Press Council Privacy Standards at www.presscouncil.org.au/privacy-principles.
We may, from time to time, review and update this policy, including taking account of new or amended laws, new technology and/or changes to our operations. All personal information held by us will be governed by the most recently updated policy. Your privacy matters to us, so whether you are new to Dagaz Gallery or are a long time user, please take the time to get to know our practices.
What is Personal Information
When used in this policy, the term “personal information” has the meaning given to it in the Act. In general terms, it is any information that can be used to personally identify you. This may include (but is not limited to) your name, age, gender, postcode and contact details (including phone numbers and email addresses) and possibly financial information, including your credit card, direct debit or PayPal account information. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.
What Personal Information Do We Collect and Hold
We may collect the following types of personal information;
- mailing or street address;
- email address;
- telephone number;
- age or birth date;
- profession, occupation or job title;
- details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries;
- any additional information relating to you that you provide to us directly through our websites or indirectly through use of our website or online presence through our representatives or otherwise;
- information you provide to us through our service centre, customer surveys or visits by our representatives from time to time.
We may also collect anonymous data (which is not personal information) relating to your activity on our websites (including IP addresses) via cookies, or we may collect information from you in response to a survey. We generally use this information to report statistics, analyse trends, administer our services, diagnose problems and target and improve the quality of our products and services. To the extent this information does not constitute personal information because it does not identify you or anyone else, the Australian Privacy Principles do not apply and we may use this information for any purpose and by and means whatsoever.
How We Collect Personal Information
We collect your personal information directly from you unless it is unreasonable or impractical to do so. We do this in ways including:
- through your access and use of our website, apps or sending SMS/MMS to us;
- through someone else who has provided us with your information (e.g. a gift subscription);
- during conversations between you and our representatives; and
- when you complete an application or purchase order.
We may also collect personal information from third parties including:
- third party companies such as credit reporting agencies, law enforcement agencies and other government entities;
- mailing lists;
- recruitment agencies;
- contractors and business partners.
Why Do We Collect, Hold, Use and Disclose Personal Information
The primary purpose for which we collect information about you is to enable us to perform our business activities and functions and to provide best possible quality of customer experience. We collect, hold, use and disclose your personal information for the following purposes:
- to provide products and services to you;
- to provide you with news, information or advise about our existing and new products and services;
- to communicate with you, including but not limited to, by email, mail, SMS or telephone;
- to manage and enhance our products and services;
- to personalise and customise your experience;
- to provide you with access to protected areas of our websites;
- to conduct competitions or promotions on behalf Fairfax and selected third parties;
- to verify your identity;
- to provide as part of business data to third parties if you have authorised us to do so;
- to conduct business processing functions for operation of our websites or our business;
- for our administrative, marketing (including direct marketing), promotional, planning, product/service development, quality control and research purposes, or those of our contractors or external service providers;
- to provide your updated personal information to us, our contractors or external service providers;
- to investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that you are or have been otherwise engaged in any unlawful activity; and/or
- as required or permitted by any law (including the Privacy Act).
What Happens if We can’t Collect Your Personal Information
If you do not provide us with the personal information described in this policy, some or all of the following may happen:
- we may not be able to provide you with the products or services you requested, either to the same standard, or at all (for example, if you do not register as a member of a website, you will not be able to access features or services that are reserved for members only);
- we may not be able to provide you with information about products and services that you may want, including information about discounts sales or special promotions; or
- we may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.
How Do We Disclose Your Personal Information
We may disclose your personal information to:
- our employees, related bodies corporate, partnerships, joint venture entities, contractors or external service providers for the operation of our websites or our business, fulfilling requests by you, and otherwise provide products and services to you, including without limitation, web hosting providers, IT systems administrators, mailing houses, newsagents, couriers, payment processors, photographic analysers, data entry service providers, electronic network administrators, debt collectors, and professional advisers such as accountants, solicitors, business advisors and consultants;
- our existing or potential agents and/or business partners;
- our sponsors, or promoters of any competition that we conduct or promote via our services;
- specific third parties authorised by you to receive information held by us;
- the police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator, for example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary;
- as required or permitted by any law (including the Privacy Act).
Direct Marketing Materials
We may send you direct marketing communications and information about products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS or email, in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.
In addition, at any time, you may opt-out of receiving marketing communications from us by contacting us (details below) or by using the opt-out facilities provided (e.g. an unsubscribe link), or by updating your personal details on our “MyAccount” webpage. We will then ensure that your name is removed from our mailing list. We do not provide your personal information to other organisations for the purpose of direct marketing unless expressly authorised by you.
If you receive communications from us that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us using the details provided below.
Accessing and Correcting Your Personal Information
You may request access to any personal information we hold about you at any time by contacting us (details below). Where we hold information that you are entitled to access, we will try and provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We will not charge for simply making a request and will not charge for making any corrections to your personal information. If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.
Members of our websites will generally be able to access and update their membership details online. We request that you keep your information as current as possible so that we may continue to improve our service to you.
How You can Complain about a Breach of Privacy
We have a formal procedure for investigating and dealing with privacy breaches. Once the Privacy Officer receives a complaint, whether it is in writing or verbal means, the Privacy Officer will commence an investigation with the relevant business unit from which the alleged breach stemmed. The investigator will endeavour to determine the nature of the breach and how it occurred. We may contact you during the process to seek further clarification if necessary. If a breach is found, the Privacy Officer will escalate the matter to management so that the process can be rectified to prevent any further breaches from taking place. We will also contact you to inform you of the outcome of the investigation. We will endeavour to resolve all investigations within a reasonable time.
We will treat your requests or complaints confidentially. Our representatives will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.
Please contact our Privacy Officer at:
IXI NINTH VERTICAL
trading as DAGAZ-GALLERY
1/1 Newcastle Drive
2452 Toormina NSW
Tel: 02 6628 2599
Disclosure of Personal Information Outside Australia
We may disclose personal information to our related bodies corporate, partnerships, joint venture entities and external service providers located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.
We may disclose your personal information to entities located outside of Australia, including the following:
- our related bodies corporate partnerships and joint venture entities, located in New Zealand and South East Asia;
- our data hosting and Cloud-based IT service providers;
- other external service providers located in the Philippines and U.S.; and
- other third parties operating in jurisdictions including China, India, Indonesia, New Zealand, Hong Kong and the United States where you have authorised us to do so.
We will take all reasonable steps to protect the personal information that we hold from misuse, loss or unauthorised access, including by means of firewalls, password access, secure servers and encryption of credit card transactions.
If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.
Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.
EU GDPR Compliance
Your personal information
All the personal information we collect relates to the provision and improvement of our services, and their functions fall into three main categories:
• The information you provide us
• Information we collect automatically
• Information we receive from third parties
Which personal information we collect:
1. No registration
When you visit our site, we typically store the following information:
• The IP address (Internet Protocol address) of the computer which you are using for connection
• Web page from which you visited us (link)
• Pages you visit from our website
• Date and time of the visit
• The type of browser you are using
• Operating system
We use this data for statistical purposes without reference to individuals.
2. With registration – Buyer
When registering as a buyer, you will be prompted to provide us with the following information without which it is not possible to complete the registration:
• E-mail address
After successful registration you can add:
• Name and Surname
• Delivery address (street, number, city, postal code, state, phone number, email)
• Billing address. It is possible to add the company name, VAT ID and VAT ID.
We collect this data primarily for the purpose of contractual and pre-contractual relations.
It’s important to protect yourself from unauthorized access to your account and information carefully, choosing a password, and signing out after using the services.
Most browsers are set to accept cookies. You can set up your browser to reject or ask you to accept cookies.
We use session cookies, partner cookies, associated cookies, and persistent cookies.
• Session Cookies: Uses mostly “session cookies”, “cookies sessions” that are not stored on your hard drive and are deleted when you close your browser. Cookies are used to verify login and balance system load.
• Affiliate and Affiliate Cookies: We use these cookies if you have access to our services through an external advertising space. These cookies are used to handle accounts with partners and do not contain your personal information.
• Permanent cookies: We use “permanent cookies”, “persistent cookies” to store your personal settings. This allows us to customize and improve our services because you can find your personal settings the next time you visit.
Lawfulness of processing and consent
We only use your personal information to which we are legally entitled (in other words, the right).
Legal claim, in particular in accordance with Art. 6, 9 GDPR and includes
• Consent (when you give consent for news updates, for example)
Terms and Conditions
• Compliance with legal obligations (eg retention obligations and money laundering controls that require the storage or otherwise processing of data)
• Protection of your vital interests or the interests of other individuals (for example, if we receive potential threats to the user), and
• “The legitimate interests we or a third party pursue, unless such interests outweigh the interests of the fundamental rights and freedoms of our users that require privacy”;
• Ensuring the security and operability of our IT systems
• Improving and customizing our services, including behavioral analysis
• Using third-party services for analytical and marketing purposes as described below
• Using personal information to investigate, claim, exercise and defend legal claims.
If we use personal information for purposes that require your consent under law, we will always ask for your explicit consent and record your consent.
You may give and withdraw your consent at any time and / or in the future use of your personal data. You may always object to the processing of your personal data based on legitimate interest. If you want to dispute or withdraw consent, just send us a message. You can do so by sending an e-mail to firstname.lastname@example.org If you have any additional questions about the legal bases that we use to collect and use your personal information, please contact us using the contact information found at the beginning of this text or at dagaz-gallery.com.
dagaz-gallery.com sends you emails, email notifications to the email address you specify. These emails are for different purposes, such as: Confirm your e-mail address when registering, confirmation of filled form on website, replying to form you filled, information related to shopping process on the website, etc. We can also contact you for example. by phone, e-mail, or SMS to provide user support or transaction-related actions.
Access and storage of data
Tools used for data processing:
1. Use analytics programs and remarketing
dagaz-gallery.com analyzes the online behavior of members. To improve our services, we create anonymous user profiles. For this we use, among others, Google Analytics (with Universal Analytics), web analytics services provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”), but with the “anonymizeIp” extension. Only shortened IP addresses are processed, without direct reference to individuals.
We use social plugins (“plugins”) provided by facebook.com, a social network operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). These plugins have the Facebook logo. If you use social plug-ins at dagaz-gallery.com, your browser will allow you to connect directly to Facebook. Facebook then transfers the plugin content to your browser and integrates it into the website.
3. Use Google+ social plug-ins
We use the Google Plus “+1” social network, operated by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google+”).
When you visit our website that contains social plug-ins, your browser establishes a direct connection to Google’s servers. The content of the “+1” button is transferred from Google directly to your browser, which it embeds into a webpage. Therefore, we have no effect on the amount of data collected using the Google+ button. According to Google, no personal information is collected without a click of a button. The IP address is stored only for members who are logged in.
Google.com/plus/answer/1319578 refer). If you do not want Google+ to collect your personal information, we recommend that you sign out of Google+ before visiting dagaz-gallery.com.
4. Using Twitter Social Plugins
We use social plugins (“plugins”) from the twitter.com social network, operated by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. Plugins have the Twitter logo. When you choose dagaz-gallery.com, which includes a social plugin, your browser establishes a direct connection to Twitter. Twitter then transfers the plugin content to your browser and integrates it into the website. This will give Facebook the information that you have accessed the site dagaz-gallery.com.
If you do not want Twitter to collect your data, we recommend that you log out of Twitter before you visit dagaz-gallery.com.
5. Using Instagram Social Plugins
We use social plugins (“plugins”) from the instagram.com social network, operated by Facebook, Inc. 1601 S. California Ave, Palo Alto, CA 94304, USA. Plugins have the Instagram logo. When you choose dagaz-gallery.com, which includes a social plugin, your browser establishes a direct connection to
Instagram. Instagram then transfers the plugin content to your browser and integrates it into the website. This will give Instagram the information that you have accessed the site dagaz-gallery.com.
If you do not want Instagram to collect your data, we recommend that you log out of Instagram before you visit dagaz-gallery.com.
6. Using Pinterest Social Plugins
We use social plugins (“plugins”) from the pinterest.com social network, operated by Pinterest, Inc. 651 Brannan Street, San Francisco, CA 94107, USA . Plugins have the Pinterest logo. When you choose dagaz-gallery.com, which includes a social plugin, your browser establishes a direct connection to Pinterest. Pinterest then transfers the plugin content to your browser and integrates it into the website. This will give Pinterest the information that you have accessed the site dagaz-gallery.com. If you are also connected to Pinterest, Pinterest can associate your visit with a Pinterest account. If you use Instagram plugins to interact, the information is transferred from your browser directly to Pinterest and stored here. The purpose and scope of data collection and the further processing and use of data by Pinterest, as well as your rights in this regard and the setting of options for protecting your privacy, can be found in the Instagram Pinterest Policy at https://policy.pinterest.com/en/privacy-policy. If you do not want Pinterest to collect your data, we recommend that you log out of Pinterest before you visit dagaz-gallery.com.
Transfer of personal data to third countries and other recipients
In part, we use external service providers to process the data. We have carefully selected and approved these companies, are bound by our guidelines and are regularly reviewed. If your data is processed by these companies outside the European Union, it may result in your data being processed in a country that has less protection than that in the European Union.
For example, information collected within the European Economic Area (“EEA”) may be transferred to countries outside the EEA for the purposes described in this Policy. We use appropriate safeguards such as standard contractual clauses approved by the European Commission or other legally approved mechanism to ensure the legal transfer of your personal data outside the EEA.
Personal data will be provided to external service providers only in case of need to provide them eg. marketing companies, for order processing, claiming, etc. In such cases, make sure that these service providers are contractually bound or, through other measures, ensure that they ensure appropriate data protection standards.
Duration of storage and storage
We will only store your personal information as long as it is necessary to fulfill our contractual and legal obligations or as long as the law provides us with additional storage for other purposes, such as defending legal claims. To cancel your account, write to email@example.com. When you close your account, we will remove all the information we have about you. If the complete deletion of your data is impossible or unnecessary for legal reasons, the data will be blocked for further processing.
This system is blocked in the following cases:
• Details of orders and commissions in the case of outstanding invoices and pending and / or complained orders.
• While we do not have a legal obligation to store your data, we may refrain from immediately deleting it in legal cases and block it instead. This is primarily the case where there appears to be a need for further processing of data under contract, as a result of criminal prosecution or legal defense (for example in the case of complaints). Limitation periods are a decisive factor in the duration of the blockage. At the end of the relevant limitation period, the relevant data will be permanently deleted.
Tools used to protect your data
We use technological, organizational, and physical safeguards to protect against unauthorized use, disclosure or access to the personal data we collect. Any information you submit when registering or logging into our site (eg contact information, profile information) is encoded. This encryption protects the confidentiality of the exchange of personal information between you and our web server, and helps prevent the misuse of personal information, for example by interception. We use Secure Socket Layer (SSL) encryption technologies. It is an accepted and widely used technology. Due to the collection of personal information, technical measures have been taken to store such personal data in a secure environment. Access to the information is limited, only to the owner of dagaz-gallery.com and the service provider, and is provided only to fulfill the purposes of this policy, quality controls, complaint review and fraud prevention. The personal information we collect is stored in the EU.
Some or all of the personal information we collect may be stored on servers located outside the jurisdiction of residence where data protection laws may differ from the country in which you live. As a result, this information may be subject to requests from government, courts or law enforcement in these jurisdictions in accordance with the law. In accordance with the legislation in force in these other jurisdictions, we will endeavor to ensure that the appropriate data protection safeguards in that country are justified to maintain personal data protection measures equivalent to those applicable in the EU.
According to GDPR, you have the following rights in respect of information that you may exercise in writing at any time:
Right to information
The right to be informed includes the obligation of the processor to provide “fair processing information”, mostly through a privacy notice. This highlights the need for transparency over how we use our customers’ personal information.
Right of access
The right of access gives the data subject the right to request from the processor information concerning his / her personal data. The data subject may request: (a) obtaining information whether his / her personal data are being processed; (b) if so, the data subject may request access to the data and obtain a copy;
Right to repair
Data subjects shall have the right to require the processor to remove inaccuracies in their personal data. If the data held by the processor is not up-to-date or incomplete, the data subject may require the addition of his data.
Right to be deleted / Right to be forgotten
The right of erasure allows the data subject to request the processor to remove or delete his personal data from his system so that the data cannot be found by third parties.
Right to restrict processing
The right to restrict processing allows the data subject to require the processor to stop the processing of his or her personal data, but the processor will continue to be able to store such data.
Right to data portability
The right to data portability gives the data subject the right to require the processor to provide information in a structured, commonly used and machine-readable form so that it can be provided to another data processor without hindrance.
Right to object
The right of opposition allows the data subject to prevent the processor from further processing his personal data if there are no legal grounds for processing the data.
Right to withdraw your consent at any time
You have the right to withdraw your consent at any time. Revocation is easy for us. Revocation of the consent will not affect the lawfulness of processing on the basis of prior consent.
Right to lodge a complaint with the supervisory authority
If we do not respond to your request within one month, you have the right to file a complaint with the supervisory authority and seek judicial redress.
Office of the Australian Information Commissioner (OAIC):
Level 3, 175 Pitt Street Sydney NSW 2000
Post: GPO Box 5218
Sydney NSW 2001