The ART Agency Privacy Notice

Introduction

The ART Agency, LLC and our subsidiaries (“ART”, “we”, “us” and “our”) takes privacy and data security very seriously, and believe that everyone’s personal data should be handled responsibly and ethically. We know that without the trust of everyone who participates in our research, we could not produce the research that helps our clients make better decisions.

We’ve tried to make this notice as easy to read as possible, but if anything is unclear, please contact us at privacy@theartagency.com, and we’ll be happy to clear it up.

What this notice covers

As an organization that relies on the use of personal data, ART is responsible for collecting and using your data in a responsible and secure way, and that starts with clearly telling you how we collect, use and protect your personal data. This notice sets out:

• The personal data we may collect from you;
• How and why we use your personal data;
• Why we may share personal data within ART and with other organizations; and
• The rights and choices you have when it comes to your personal data.

ART is made up of a number of companies, each of which separately controls the data provided to it by our members, and those who otherwise participate in our research opportunities. If you are a user or member who registered in the USA, The ART Agency, LLC(referred to as “we”, “us”, “our” or “ART”) is the controller of your personal data. This means we choose why and how that data is processed. We are based at privacy@theartagency.com.

Specific jurisdictions

The following section provide information about specific jurisdictions:

• CA residents: if you are a California resident, please see our California Privacy Notice below.
• CO, CT, DE, IA, MD, MN, MT, NE, NH, NJ, OR, TN, TX, UT, and VA Residents: if you are a resident of Colorado, Connecticut, Delaware, Iowa, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, or Virginia, please see our CO, CT, DE, IA, MD, MN, MT, NE, NH, OR, TN, TX, UT, and VA Privacy Notice below.
• NV Residents: if you are a resident of Nevada, please see our Nevada Privacy Notice below.

Personal data we collect

In this section we explain what personal data we may collect when you become an ART member or otherwise participate in our research, as well as data that we may collect from other sources

Data that we collect from you

When you join ART or take part in our research, you provide us with the data that powers our business. While there are certain data that you must provide in order to use some of our services, such as account details when you join ART, you control how much data you share with us. Whether you only want to participate in certain research opportunities, or all of them – it’s your choice (although please note that refusing to provide certain information may impact your ability to join ART and take part in research opportunities).

If you are required to have parental permission to participate with ART, you confirm that by participating with ART you have that permission and will provide us with evidence of that permission where required.

When you register with ART, we collect:

• Contact details, such as your name, email and postcode
• Demographic data, such as your age, gender, and general economic and household information
• Your account login details (or “account name”), which will be your email address
• Referral partner IDs, if you arrived on our website by clicking a ‘Join ART’ advertisement online, or a link in an email from one of our recruitment partners (we pass these IDs back to our recruitment partners to track and improve their effectiveness and to pay them)

When you participate in research opportunities on our website or mobile apps, we collect:

• Information you proactively share with us about who you are (for example, information about your lifestyle, job or education), what you think (for example your opinions on topical issues, companies and brands) and what you do (for example what shops you like to shop in, what TV shows you have recently watched, or what kind of things you own)
• Device and browser “metadata” (basically an audit trail of your device and browser use), which is information that is collected automatically when you interact with us. Metadata includes your IP address, the make, model and operating system of the device you have used and browser type

When you interact with our AI tools, we collect:

• Your responses to AI questions and prompts
• Any sensitive information you choose to provide (see the ‘Special category data’ section below for more information).

If you have been invited to participate in online or in-person qualitative research, we collect:

• Your opinions on the topics that the research is exploring
• We may also video and / or audio record these interviews with you, but in such cases you will be given full information about the research project and the opportunity not to participate

When you use our website or use our mobile apps, we collect:

• Information through the use of cookies and similar technologies (click here to go to the section about the data we collect using cookies)

When you contact us or interact with our website or social media pages, we collect:

• Any personal data that you may provide about yourself, including your name and contact details and the conversation history of our communications with you
• Any comments you make on our website or social media pages, and whether you have chosen to ‘follow’ any other ART member on our website

Sensitive personal data

Some of the data that you provide us may be considered to be ‘sensitive’ under applicable data protection laws. For example –

• When you create your ART account, you will provide us with account login information;.
• If you choose to provide sensitive information about yourself when interacting with our AI tools. For example, if an AI-powered chatbot asks you about your use of beauty products, you may choose to reveal a skin condition as a reason why you particularly like using a certain product. This information is valuable to us and our clients, so we will remind you at the beginning of each session that by providing sensitive information you give your consent for us to use that data for research purposes, including providing it to clients in anonymous form.

We use this information in the same way we use other information we collect (as described in the Personal data we collect section), but the law may require that we have your consent to collect and use it. We obtain consent by:

• Providing clear information about the sensitive data we collect and how we use it. This information is provided in this privacy notice and within our surveys (in the form of the introduction pages, the questions and the answer options).
• Giving you choice about what information you share with us. You always have complete control over the surveys you participate in and the questions you answer. Should you decide to share sensitive data you will do so by taking a clear, affirmative action, for example by ticking a checkbox, clicking a button, or typing words into a text box.

Personal data collected from other sources

We may also use personal data you have shared with us to derive additional information from other sources:

• Public sources: for example, we may compare your postcode against public registers to determine that you live within a certain catchment area for a particular local authority or electoral constituency. We may also use public APIs (which allow two applications to talk to each other) to obtain data from public websites, for example, Twitter and YouTube (part of Google, and whose data is not used towards ART aggregation). Much of this information is non-personal, but it may include social media handles, and associated public posts or comments (but never private posts or account information).
• Acquisition partners: if you decide to register with an organization to receive opportunities from companies like ART, that organization will pass your name and contact information to us so we can contact you about joining ART.
• Our clients: who may ask us to combine your data, such as your survey responses, with information they already hold, so they can use the combined data to perform more detailed analysis. We will only agree to do this if we are sure that our clients will not be able to identify you from the combined dataset, or if you have given your consent to be identified.
• Segmentation partners: we may purchase data from companies which help us to categorize our members’ data into groups or ‘segments’ based on a classification of consumers devised by the segmentation partner. We add the segment information we purchase to the data we hold about you (click here for more information about how we share personal data with these companies to add these segments to our own data).
• Other companies that sell data: we may purchase data from companies that sell certain types of data that are valuable to us. In these cases, we will either match the data ourselves, or will ask these companies to match the data on our behalf. As with our other service providers, we have contractual safeguards in place to ensure that these companies delete the data once the match has been completed, and they do not disclose or use the data for any other purpose.

You may still receive invitations to participate in our research activities if you have not joined ART. In these cases we will have received your email address either from a client, or we’ll have acquired it from an organization that maintains databases of contact details so that companies like ART can contact you. We only send emails where we are permitted by law to do so and have obtained guarantees from those companies providing the email addresses that the recipient (that’s you) has agreed to receive third-party (e.g. from ART) communications, and we will always tell you where we’ve got your details from and give you the option to opt-out of receiving further emails from us free of charge.

How long we’ll keep your data

In this section we explain that how long we keep your personal data depends on how it is used

We will only retain your personal data for as long as we need to in order to fulfil the uses we describe in the following section, or until you exercise your right to erasure (which is explained in the section about Your rights).

In practice, this means that we’ll keep most of your personal data for as long as you are a member of ART, because we use it to provide you with a great research experience, such as when we use the information you provide us in a survey to select and invite you to participate in our research opportunities that are relevant to you. We will, however, delete some types of data after a much shorter time. For example, if you participate in any qualitative research projects, we will delete any video footage as soon as it is no longer needed by our researchers to complete the project.

How and why we use your personal data

In this section we explain how and why we use your personal data and the legal grounds we rely on to process your personal data in these ways

Our use of personal data for basic market research purposes

We use the data that you share with us, or that we receive from the other sources mentioned above, to give you the best experience possible, and to provide useful research for our clients. The uses we describe below form the basic agreement we have with our members.

We use personal data to…

Register, authenticate and administer your account

• When you register with ART, we will use your email address and a pin code to create your account and authenticate your identity each time you log on, and your account details to help us to answer your questions when you contact us.

Select and invite you to participate in research activities

• We’ll use the information you provide when you join ART and when you complete research opportunities, such as your postcode and demographic data, to invite you to participate in further research opportunities we think you’ll be interested in.

Produce aggregated and anonymous research

• We may combine your data, such as your survey responses, with data about other ART members and turn them into aggregated insights. We may show you these insights as you interact with us (for example, we may show you live statistics for questions you have just answered) or provide them to our clients and partners in the form of reports, statistical spreadsheets or dashboards, whitepapers or articles. These insights are anonymous, meaning it will not be possible to identify you personally.

Produce anonymized but non-aggregated respondent-level data for clients

• We may provide our clients with spreadsheets that contain data that you have given us in a non-aggregated form. While these data sets are not aggregated, they do not reveal your identity and recipients are contractually bound to not attempt to re-identify the individuals who provided the answers.

Create and publish interesting articles and other public content

• We use research data to write interesting articles that may be published on our website, or included in news articles on third-party websites. We believe that our data can be used for the greater good, and so we may publicly publish data sets that can be used by the wider research community. These data sets will never reveal your identity.

Develop and improve our services including by using Artificial Intelligence (AI)

• We use research data to improve our research tools and methods, which helps us ensure that we are giving you and our clients the best possible experience. We may draw inferences from your data to create a profile about you reflecting your preferences, characteristics, behavior and attitudes.
• We use AI-assisted data analysis and summarization tools that apply AI techniques to research data, including survey responses, open-ended responses and transcripts. This allows us to analyze and interpret large volumes of data that would otherwise require extensive manual effort.

Respond to you when you exercise any of your rights relating to the data we hold about you (more information about the rights you have over your data is set out below)

• We will use your account information and internal identifiers to identify the data that is relevant to your request and respond to you.

Verify your identity

• We may ask you to verify your identity by providing personal details and copies of identifying documents, such as a passport or drivers’ license. This is done to reduce fraud and ensure the quality and accuracy of our data.

Detect and prevent fraudulent activity

• We use your IP address and other device and browser metadata to identify behavior that may be contrary to our Terms and Conditions, and we sometimes repeat questions during surveys to check for inattention or other indicators of poor-quality responses.
• We may use Captcha technology to help us detect fraudulent activity. You may be required to check an ‘I’m not a robot’ checkbox and possibly complete a picture challenge. Captcha technologies use an essential cookie, and further information about this is available in our cookies notice.

If you don’t want us to make use of your personal data in any of the ways described above, sharing your data with ART and using our services is not for you – you should contact us at privacy@theartagency.com. We need to use your data in these basic ways to be able to give your opinions meaning in the world, and to conduct the research that allows us to exist as a business

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Our use of personal data for advanced research and modelling purposes

In addition to the uses we describe above, provided you choose to participate in this way, we may also share your data, such as survey responses, with trusted partner organizations. By matching personal details (for example your name, email address and postcode or a unique identifier) or online identifiers (such as cookie IDs) to their own data, our partners can use your data to:

• Create and improve products and services, such as consumer segmentations, to help other organizations better understand the likely characteristics of their customers; and
• Create audiences for advertisers to target with more relevant communications and proposition. The advertising audiences are created by finding people in the population who have similar characteristics to you, via a process called lookalike modelling. We do not permit these partners to include the data they receive from us in the modelled audience, so you could only be included in an audience modelled from ART data if these partners already hold information about you.

We will only share your data with these partners if you have given us your consent, which we may ask for in a survey, or it is necessary for legitimate interests we pursue as a business, namely that our business relies entirely on the ability to use your personal data to produce research and insight for our clients. Our legitimate interest also includes storing information about your privacy choices to achieve the previously mentioned goals.

Even if you consent to us sharing your data in this way, you can change your mind at any time by emailing us at privacy@theartagency.com.

You can also opt-out of online targeted ads by visiting the opt-out portals operated by the industry groups the National Advertising Initiative, the Digital Advertising Alliance or the European Interactive Digital Advertising Alliance. Please note that unlike the opt-out available in your ART account, the opt-outs provided by these groups will not prevent your data from being shared with our partners. If you wish to opt-out from your data being shared with our partners, please us the ‘Edit Settings’ button under the ‘Uses of your data’ section on the Permission page of your ART Account.

Legal grounds for using data in these ways

Under data protection laws, we must have a legal basis to collect, use and share personal data in the ways outlined in this privacy notice. These are described below.

Legitimate interests

• Except for where we need to rely on consent, for each of the uses described above, we process your personal data on the grounds that our processing is necessary for legitimate interests we pursue as a business, namely that our business relies entirely on the ability to use your personal data to produce research and insight for our clients.

Consent.

We will always ask for your consent when –

• Collecting and using special categories of data (as described above);
• Sharing personal (identifiable) data with our clients or partners; and
• Collecting specific types of data from you (we would always make clear at the time we ask for consent which data are involved and the purposes those data would be used for).

Processing is necessary for the performance of a contract.

• For example, if applicable and if you agree to connect a bank account (as described in the Personal data we collect section above), we collect and use banking data on the grounds that the processing is necessary for the performance of a contract to which you are subject (meaning that you have agreed to connect your bank account and give us access to your bank transaction data).

Who we may share your personal data with

In order to use your personal data in the ways described above, we may share it within ART, with trusted third parties who provide services to us, and on rare occasions with clients (but only if you have specifically agreed to that). Here is some more information about the types of organization and what we may share with them:

ART Group Companies

• If applicable, some of the personal data that we collect may be transferred to companies in the ART group that are in different countries. For example, when a client wants to carry out research in multiple countries, or our global data teams analyze data from across the world.

Our clients

While our business is built on providing clients with anonymized research insights, on occasion, our clients may ask to combine your research data with their own data to obtain even greater insights or to improve their products or services. In such cases you will be asked if you are willing to provide certain identifying data (such as your email address or a social media handle) to our clients to enable this. Whether you share this data or not is completely up to you.

Our service providers

• We work with trusted service providers that carry out certain functions on our behalf so we can provide our services to you.
• These organizations process data on our behalf. They only have access to the personal data that they absolutely need to provide the specific service to us, and in all cases we have contractual safeguards in place to ensure that they do not disclose or use it for any other purposes. In some cases, these organizations (for example our payment processors) may need to process your personal data for their own specific purposes, for example to ensure they are compliant with regulations or laws governing their own sectors.

Our service providers fall within the following categories (and more information about our core service providers can be provided upon request):

• Acquisition technology (helps us to attract people to join ART)
• Providers of cash payments, gift cards and other incentives (make it possible to pay or reward people at the appropriate time)
• Data collection technology (enables us to securely collect data submitted by research participants and others)
• Research technology (allows us to provide interesting and engaging research opportunities)
• Artificial Intelligence (AI) model providers (allow us to leverage AI to improve our products and services)
• ID verification tools (so we can confirm your identity to help us ensure the quality and accuracy of our data)
• Fraud prevention tools (enable us to detect and prevent fraudulent activity)
• Cloud & physical data storage (data storage, which is managed by ART Services Limited)
• Data matching partners (that match our data to third-party data on our behalf)
• Web application firewall (protects web applications by filtering and monitoring HTTP traffic between a web application and the Internet)
• Communications platforms and technologies (enables us to communicate with our research participants and others)
• Online advertising (helps us to attract people to join ART)
• Sanctions checks (reduces the risk of money laundering, terrorist financing, corruption, and other financial crime arising from our activities)

Segmentation partners

• Segmentation partners create and sell consumer classifications that help companies understand the demographics, lifestyles, preferences and behaviors of consumers. This information is valuable to our clients, and if requested we will add this data to the insights we provide to them.
• To do this, we may share certain personal data, such as your name, email address and postcode, so that our partners can match it against their own data and tell us which of their segments you belong to. As with our other service providers, we only share the personal data that our segmentation partners need to match our data to theirs, and we have contractual safeguards in place to ensure that they do not disclose or use the data for any other purposes.

Other companies that sell data

• As described above, we may purchase data from companies that sell certain types of data that is valuable to us. In some cases, we will pass personally identifiable information to these companies to enable them to match these data sets on our behalf, and pass that matched data back to us. As with our other service providers, we have contractual safeguards in place to ensure that these companies delete the data once the match has been completed and do not disclose or use the data for any other purpose.

Other organisations

These circumstances are unusual, but we may share personal data with other organizations if:

• we have to share your information to comply with legal or regulatory requirements (or we reasonably believe that we need to disclose your information for such purposes);
• we need to share personal data in order to establish, exercise or defend our legal rights, including with our legal and other professional advisors;
• we restructure our business or if we buy or sell any business or assets we may share your data with the prospective buyer or seller;
• all or substantially all of our company assets are acquired by another party, your data will be one of the transferred assets

How we store and protect your personal data

We know how important it is to protect your personal data while we have it. This section describes some of the measures we take to ensure that it is kept secure

We do everything we can to protect your personal data from loss or misuse, and from unauthorized access, disclosure, alteration and destruction. This section describes some of the measures we take to ensure that your personal data is secure:

• We use data centers that have a high level of physical security measures to host and protect your data and our systems;
• We conduct independent penetration tests on an annual basis and are continuously scanning our systems and applications for vulnerabilities in our systems;
• We use encryption to secure your personal data whilst it is in transit using TLS and in storage using AES256 encryption;
• We allow access to attributable data (by which we mean data that directly identifies you) only to those ART employees and contractors who need it to carry out their job responsibilities, for example our support team to allow them to respond to you when you contact us;
• We make security the responsibility of all our employees and contractors and we train our staff to identify security risks and protect your data.

Our website may from time to time contain links to and from other websites. If you follow a link to any of those websites, please note that those websites ought to have their own privacy notices and that we do not accept any responsibility or liability for those websites. Please check those privacy notices before you submit your information to those websites.

Emails and notifications

This section explains the choices you have when it comes to emails and notifications we may send to you.

We may contact you by email, SMS and/or web and push notifications to –

• Invite you to take part in research opportunities: if you register with ART, it is integral to your participation that we are able to send you emails and notifications inviting you to participate in research projects, which could be conducted online via survey, by downloading a mobile app, or in person.
• Tell you when your opinions have made the news: we use the information you give us when you take part in our research to write interesting articles that may be published on our website or included in news articles on third-party website, and we may email you to let you know when your opinions have featured in these articles.
• Encourage you to refer your friends and family to join ART: we’ll send you a unique link that you can pass on to friends and family.

For all the emails and notifications mentioned above, we rely on our legitimate interest in running our research operation – and ensuring that members are adequately informed about their account with us – as the legal grounds for this processing.

Cookies and similar technologies

We use “cookies” to improve your experience as you use our website and mobile apps. This section tells you about the cookies that we use, what they do and your choices when it comes to cookies

Survey cookies

We use a first-party cookie called ‘pmx-tk’ to ensure that our survey system operates properly and allows us to provide a smooth survey experience for respondents. For example, if there is an interruption this cookie allows participants to resume a survey and to not be asked the same question twice. Because this cookie is vital for the operation of our survey system, we consider it to be ‘strictly necessary’ and therefore we will not ask for you consent before we use it.

Managing cookies via your preferences

When you accessed this website you were presented with an alert that offered you a choice about whether to accept or reject cookies, with the exception of strictly necessary cookies (which are outlined above).

Managing cookies on your device

You can also choose how web browser cookies are handled by your device via your browser settings. If you choose not to receive cookies at any time, websites may not function properly and certain services will not be provided. Each browser and device is different, so use the following links to find information on how to manage cookie settings on certain browsers via the following links:

• Cookie settings in Chrome
• Cookie settings in Firefox
• Cookie settings in Internet Explorer
• Cookie settings in Safari

Your rights

This section explains the rights that you have in relation to the personal data that we hold about you.

Depending on the applicable data protection laws, you may have certain rights in relation to the personal data that we hold about you, which are designed to give you more choice and control over your personal data. These rights are explained below, and we will not discriminate against you for exercising any of these rights.

These rights are available to everyone in the United States, regardless of what state you are in. If you choose to exercise a right, we will not remove you from our surveys or panels (unless your specifically request to be removed), impose a penalty or provide you, or suggest that you may receive, a different level or quality of services.

The right to notice / information

• You have the right to be notified which categories of personal data we collect and the purposes for which data is being used. This information is included within the ‘Notice at collection’ and this privacy notice.

The right to request access to personal data (or, the “Right to Know”

You can request a copy of the data that we hold about you and related information (in a structured and machine-readable format), including:

• The categories of personal information we collected about you;
• The categories of sources from which the personal information is collected;
• Our business or commercial purpose for collecting or selling that personal information;
• The categories of third parties with whom we share that personal information; and
• The specific pieces of personal information we collected about you.

The right to request rectification of personal data

• You can ask us to correct any inaccurate data about you and to complete any incomplete data that we hold about you

The right to request erasure of personal data

• You can request that we delete the personal data we hold about you

The right to non-discrimination

• You have the right to exercise these rights without being discriminated against.

Exercising your rights

For certain requests, we may require specific information from you to help us verify your identity and process your request. Depending on your request, we will ask for information such as an e-mail address that you have used with us. If permitted by law, if we are unable to verify your identity, we may deny your request.

Residents of California, Colorado, and Connecticut may designate an authorized agent to submit a request on your behalf. To do so, you must: (1) provide that authorized agent written and signed permission to submit such request; and (2) verify your own identity directly with us. Please note, we may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.

Email:

privacy@theartagency.com

Mail:

The ART Agency, LLC
2927 Turtle Head Peak Dr.
Las Vegas, NV 89135

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Specific jurisdictions

A. California Privacy Notice

Definitions

• Personal information. This is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your household.
• Sensitive personal information. This is information such as your social security number, driver’s license number, state identification card, passport number, account log-in and password, financial account and password, debit or credit card number and access code, precise geolocation information, race, ethnic origin, religious or philosophical beliefs, union membership, the content of your mail, email or texts other than those communications you have with us, genetic data, biometric information, health information, or information that concerns your sex life or sexual orientation.
• Sell, sale, or sold. This means the selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or other means, your personal information to a third party for money or other valuable consideration.
• Share, shared, or sharing. This means the sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or other means, your personal information to a third party for cross-context behavioral advertising, whether for monetary or other valuable consideration.

Legal Rights

You have the following legal rights under California law with respect to your personal information. To exercise these rights, you can e-mail us at privacy@theartagency.com.

• Right to Know. You have a have a right to request that we disclose, subject to certain exceptions, information concerning: (1) the categories of personal information we have collected from or about you; (2) the categories of sources from which we have collected that personal information, and the business or commercial purpose for the collection; (3) the categories of third parties with whom we have shared, sold, or disclosed your personal information, including the business or commercial purpose for said sharing, selling, or disclosure; and (4) specific pieces of your personal information, subject to appropriate exceptions.
• Right to Delete. You have a right to request that we delete your personal information, subject to certain exceptions.
• Right to Correct. You have a right to request that we correct your personal information, subject to certain exceptions.
• Right to Opt-Out of the Sale or Sharing of Personal Information. Certain of our online tracking technologies may be considered a “sale” or a “share” of your information to third parties under the CCPA. Visitors to our Sites can therefore opt-out of being tracked by these technologies by opting out via the cookie banner available on the Sites. We have no actual knowledge that we sell the personal information of California residents who are under 16 years of age. You may also opt-out by using an opt-out preference signal, such as the Global Privacy Control (GPC) on your browser. To download and use a browser supporting the GPC, you may click here. If you choose the GPC signal, you will need to turn it on for each supported browser or browser extension you use.
• Right to Non-Discrimination. You have a right to exercise the above rights without being discriminated against under the CCPA.

Notice of Collection

• To learn more about the categories of personal information we collect about California residents, please see Personal Data We Collect above.
• For more information about how we use those categories of personal information, please see How We Use Personal Data above.
• For more information about how we disclose categories of personal information, and the categories of third parties with whom we disclose such information, please see How We Share Your Personal Data above.
• To learn more about how long we keep your information, please see How Long We Keep Your Personal Data above.

Notice of Disclosure for a Business Purpose

To learn more about the categories personal information we have disclosed for a business purpose, and the categories of third parties with whom we’ve disclosed such information, please see Who How We Share Your Personal Data above.

Notice of Sale or Sharing of Personal Information

Certain of our online tracking technologies may be considered a “sale” or a “share” of your information to third parties under California law. The categories of personal information we may “sell” or “share” in these circumstances includes your IP address, persistent online identifiers, ad identifiers, similar information about your devices and browsers, and information about your engagement with our Sites and certain communications. We have no actual knowledge that we sell the personal information of California residents who are under 16 years of age.

Notice of Use of Sensitive Information

We do not use sensitive personal information for purposes other than those permitted under California law.

Notice of Financial Incentive

The purpose of this Notice of Financial Incentive is to explain California residents the material terms of any financial incentive or price or service difference that ART offers so that California residents can make an informed decision about whether to participate. ART may offer from time to time a number of programs that may constitute a “financial incentive” under California law.

You may opt-in to such programs by providing ART consent. You may opt-out at any time by withdrawing from the program. All incentives or prices differences are based on the value of your personal information and good faith estimates of the value of the incentive.

California’s “Shine In The Light” Law

If you are a California resident, you have the right to request information from us once per calendar year regarding the customer information we share with third parties for the third parties’ direct marketing purposes. To request this information, please send an email to privacy@theartagency.com with “California Shine The Light” in the subject line and in the body of your message. We will provide the requested information to you via an email response.

California’s “Eraser Button” Law

If you are a California resident under 18 years old and a registered user of the Sites, you can request that we remove content or information that you have posted to Sites. Fulfillment of the request may not ensure complete or comprehensive removal (e.g., if the content or information has been reposted by another user). To request removal of content or information, please send an email with “California Eraser Request” to privacy@theartagency.com.

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B. CO, CT, DE, IA, MD, MN, NT, NE, NH, OR, TN, TX, UT, and VA Privacy Notice

Applicable State Laws

These disclosures apply to residents of Colorado, Connecticut, Delaware, Iowa, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia.

Notice of Collection

To learn more about the categories of personal information we collect about you and how we use it, please see Personal Data We Collect and How We Use Personal Data sections above. To learn more about the categories of third parties with whom we may share your personal information, please see How We Share Your Personal Data section above.

Your Rights

To exercise these rights, you can e-mail us at privacy@theartagency.com.

• Right to Know. You have a have a right to request that we disclose what personal data we’ve collected about you as well as additional information, subject to exceptions. If you are a resident of Oregon, you also have a right to request a list of specific third parties to which we have disclosed your personal data. If you live in Maryland, you have a right to request a list of categories of third parties to which we have disclosed your personal data.
• Right to Delete. You have a right to request that we delete your personal information, subject to certain exceptions.
• Right to Correct. You have a right to request that we correct your personal information, subject to certain exceptions.
• Right to Opt-Out of the Sale or Targeted Advertising. Certain of our online tracking technologies may be considered a “sale” or “targeted advertising” to third parties under applicable law. Visitors to our Sites can therefore opt-out of being tracked by these technologies by opting out via the cookie banner available on the Sites. Where applicable, you may also opt-out by using an opt-out preference signal, such as the Global Privacy Control (GPC) on your browser. If you choose the GPC signal, you will need to turn it on for each supported browser or browser extension you use.
• Right to Appeal. Depending on the state in which you live, you may have a right to appeal a denial of the above requests.

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C. Nevada Privacy Notice

Sale of Personal Information

If you are a Nevada resident, you have the right to submit a request directing us not to make any sale of your personal information. We do not sell personal information as defined under Nevada law. You may nonetheless send us a request to opt-out of the future sale of your personal information to your.rights@ART.com and putting “Nevada Privacy Opt-Out” in the subject line. We will provide the requested information to you via an email response.

Health Data Privacy Notice

If you are a Nevada resident, you have certain rights over how we process your health data under Nevada law. “Health data” refers to information that is linked or reasonably capable of being linked to you and that is used to identify any past, present, or future health status of you.

What categories of health data do we collect from you, and why do we collect it?

We do not currently collect health data. In the event that we do collect health data, we will provide such notice at the time of collection and collect the data through participation in our surveys. We use this information in the same way we use other information we collect subject to this broader Privacy Policy.

From whom do we collect your health data, and how do we collect it?

We do not currently collect health data. In the event that we do, we will collect your health data directly from you when you engage with us.

How do we use your health data?

We do not currently collect health data. In the event that we do, we may use your health data to determine to compile our statistical reports that we provide to clients and members.

Do we share your health data, and with whom?

We do not currently collect health data. In the event that we do, we may share your health data with companies in the ART group of companies, as well as in anonymized, de-identified, and analytics reports provided to our clients. We will not share health data that is identifiable to you without your consent. We may also share your health data with certain service providers, including data storage providers.

How will you notify me of any material changes to this notice?

We will notify you of material changes to this health data notice via e-mail or other methods as appropriate under applicable law.

Will any third parties track my health data across other websites?

Not without your consent.

Do you have rights concerning your health data?

You have a right to submit a request for access, deletion, and appeal a denial of any such rights. To exercise these rights, you can e-mail us at privacy@theartagency.com.

How to contact us

If you have questions about this notice, or about how we collect, store and use personal data, you can contact us at privacy@theartagency.com.

Updates to this notice

This notice was last updated on the date that appears at the beginning of the notice. While we reserve the right to change this notice at any time, if any material changes are made we will let you know via email or any other appropriate means to give you the opportunity to review the changes before they become effective.

If you object to any future changes, you may unsubscribe by clicking ‘unsubscribe’, or request deletion of your account by emailing privacy@theartagency.com.

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