Privacy policy.
PRIVACY POLICY
Effective date: [insert the date you publish this]
Black Eyes Gallery, of 485 S. Stone Avenue, Tucson, Arizona 85713, operates blackeyesgallery.com and runs open calls for entries, exhibitions, and art sales. This policy explains what personal information we collect, why we collect it, who we share it with, how long we keep it, and what rights you have. It forms part of our Terms and Conditions.
We collect what we need to run our calls, mount exhibitions, sell work, and pay artists. We do not sell your personal information and we do not share it with data brokers or advertisers. If you have a question about anything here, write to us at info@blackeyesgallery.com.
1. WHAT WE COLLECT
When you visit the site, we collect your IP address, browser and device type, the pages you view, the page that referred you, and how long you stay. This comes from cookies and analytics, described in section 5.
When you submit work to a call, we collect your name, email address, mailing address, phone number, and country, along with any website or social links, artist statement, biography, or CV you provide. We receive the images you submit together with their titles, captions, and any metadata embedded in the files, which can include camera details, dates, and, if your camera records it, GPS coordinates. Your payment is handled by our payment provider, and we never receive or store your full card number. We also keep a record of correspondence with us, including reduced fee requests.
If your work is selected, we additionally collect tax documentation where it is required, such as an IRS Form W-9 or Form W-8BEN, and the bank or payment details we need to send you your share of any sale. We may also request and hold model releases or proof of age documents as provided in our Terms.
When you buy work, we collect your name, billing and shipping addresses, email address, phone number, and order history. Payment is again handled by our payment provider.
When you join our mailing list, we collect your name and email address. Our email provider records whether you open our emails and which links you click.
When you attend an opening or other public event at the gallery, we may collect anything you write in a guest book or sign-up sheet, and we may take photographs and video to document and promote our programming. If you would rather not appear, tell any member of staff and we will do our best to accommodate you. We will also remove you from anything already posted if you ask.
We do not deliberately collect sensitive information such as health, religious, or political data. Please do not send it to us.
2. WHY WE USE IT
We use your information to administer and jury the calls you enter, to notify you of the result, to print and exhibit selected work, to maintain our public exhibition archive, to process and ship orders, to pay artists their share of sales, to keep the tax and accounting records the law requires, to send our newsletter, to keep the site working and secure, to carry out sanctions screening where we are required to, and to respond to copyright complaints.
For visitors in the European Economic Area and the United Kingdom, we rely on the following legal bases. Administering calls, notifying results, mounting exhibitions, fulfilling orders, and paying artists are all necessary to perform our agreement with you. Keeping tax and financial records and carrying out sanctions screening are legal obligations. Maintaining the exhibition archive, running site analytics and security, and handling copyright complaints rest on our legitimate interests. Our newsletter is sent on the basis of your consent, or of our legitimate interests where that is permitted. Where we rely on legitimate interests, we have considered whether our interest is outweighed by your rights, and you may object at any time as described in section 8.
3. WHO WE SHARE IT WITH
We share personal information only with the providers who help us operate, and only so far as they need it. These are our website and form hosts, our payment processor, the carriers who ship work, our email marketing provider, and our analytics provider. Jurors see only the images submitted to a call and, wherever practicable, nothing else, since jurying is blind. We also share information with our accountants and lawyers where necessary, and with authorities where we are legally required to disclose it or where disclosure is needed to establish, exercise, or defend a legal claim.
We do not sell personal information and we do not share it for cross-context behavioral advertising. We do not permit our providers to use your images or your personal information for their own purposes, and our Terms prohibit the use of artists' work to train machine learning or generative models.
4. INTERNATIONAL TRANSFERS
We are based in the United States and most of our providers are too. If you submit work or subscribe from outside the United States, your information will be transferred to and stored here, in a country that may not offer the same level of data protection as your own. Where we transfer personal data out of the European Economic Area or the United Kingdom, we rely on appropriate safeguards, including the European Commission's Standard Contractual Clauses and the UK International Data Transfer Addendum, as incorporated into our agreements with our providers. Write to us if you would like details.
5. COOKIES
Our site uses cookies that are strictly necessary to make it work, to keep your session, and to process payments securely. It also uses analytics cookies to tell us how many people visit and which pages they read, and preference cookies to remember your settings. We do not use advertising or retargeting cookies.
You can block or delete cookies in your browser settings, though the site may not work properly without the necessary ones. Where the law requires it, we ask for your consent before setting non-essential cookies. We honor the Global Privacy Control browser signal as an opt-out of any sale or sharing of personal information, though as noted we do neither.
6. THE EXHIBITION ARCHIVE
This section matters most to artists.
When your work is selected for an exhibition, we create an archive entry containing your name, the title of your work, the image itself, and one website or social link that you nominate. The archive is public, indexed by search engines, and intended to be permanent. It is the record of what this gallery has shown, and its value to you as a citable exhibition credit depends on it staying in place. We maintain it on the basis of our legitimate interest in keeping an accurate historical record, and of our agreement with you as an exhibiting artist.
We will update your link, correct a misspelled name or title, or change the name displayed at any time. Just email us.
You can withdraw your permission for us to use your work in future promotion, meaning social posts, newsletters, and press materials, at any time in writing. We will act on it within thirty days for anything within our control. We cannot recall emails already sent, catalogs already printed, or posts already shared by other people.
If you are in the European Economic Area, the United Kingdom, or another place with an erasure right, you may ask us to remove your archive entry. We will weigh your request against the basis described above and respond as the law requires, and where the law requires removal we will remove it. We will also remove an entry where a valid copyright or rights complaint requires it.
7. HOW LONG WE KEEP THINGS
Images and details from entries that are not selected are deleted twelve months after the call closes. Entry fee credits are kept until they are redeemed or expire. Archive entries for selected work are kept indefinitely, subject to section 6, and the production files behind them are kept for two years after the exhibition closes. Physical exhibition prints are held in our archive for two years, as set out in our Terms. Model releases and proof of age records are kept for as long as we display the work and for seven years after that. Order records, sales records, and artist payment and tax records are kept for seven years for tax and accounting purposes. Mailing list details are kept until you unsubscribe, after which we keep a suppression record so that we do not add you again by mistake. Analytics data is kept for twenty-six months, and general correspondence for three years unless it relates to a dispute. Where the law requires us to keep something longer, we will.
8. YOUR RIGHTS
Whoever you are and wherever you live, you can ask us to tell you what we hold about you, correct anything that is wrong, delete information we no longer need, stop sending you marketing, or send you a copy of what you gave us. Write to info@blackeyesgallery.com and we will respond within thirty days. We may need to verify your identity first, usually by confirming that you control the email address on the account or entry. We will not treat you differently for exercising these rights, and making a request will not affect the jurying of an entry, an order, or your standing with the gallery.
If you are in the European Economic Area or the United Kingdom, you also have rights of access, rectification, erasure, restriction of processing, data portability, and objection to processing based on legitimate interests, and you may withdraw consent at any time without affecting processing already carried out. You have the right to complain to your national supervisory authority, which in the United Kingdom is the Information Commissioner's Office at ico.org.uk, though we would appreciate the chance to resolve the matter with you first.
If you are in California, note that we do not sell or share personal information as those terms are defined under the California Consumer Privacy Act, and have not done so in the preceding twelve months. You may request disclosure of the categories and specific pieces of personal information we have collected, request deletion or correction, and exercise these rights without discrimination. You may use an authorized agent. The categories we collect are described in section 1, our purposes in section 2, and the recipients in section 3.
If you live in another state with a comprehensive privacy law, including Colorado, Connecticut, Virginia, Texas, and Oregon among others, you may have comparable rights of access, correction, deletion, portability, and opt-out. Use the same address and tell us where you live so that we apply the right framework.
9. SECURITY
We work with providers who maintain industry-standard safeguards, limit access to personal information to those who need it, and do not store full payment card details. No system is perfectly secure, and we cannot guarantee the security of information sent to us over the internet. If we become aware of a breach affecting your personal information, we will notify you and any regulator as the law requires.
10. CHILDREN
Our site and services are not directed to children. You must be eighteen or older to submit work, place an order, or subscribe, and we do not knowingly collect personal information from anyone under eighteen. If you believe a child has given us information, write to us and we will delete it. Where an artist submits work depicting a person under eighteen, our Terms require a release signed by a parent or guardian, and we hold that release as described in section 7.
11. AUTOMATED DECISIONS
We do not make decisions about you by purely automated means. Jurying is done by human jurors.
12. CHANGES TO THIS POLICY
We may update this policy from time to time. The effective date at the top shows when it last changed. We will tell mailing list subscribers about material changes and post them on the site. The version in force when you submit an entry or place an order is the one that governs it.
13. CONTACT
Black Eyes Gallery
485 S. Stone Avenue
Tucson, Arizona 85713
Please put "Privacy Request" in the subject line of any privacy enquiry so that it reaches the right place quickly.