Privacy Policy

If you are a California resident, please refer to our California Data Privacy Notice.

We are an online retail store and information website for producing custom handmade portraits drawn from your photos and related products and services (the “Services”). As we are committed to protecting your rights to privacy, we make available this Privacy Policy (the "Privacy Policy") to describe our practices regarding the information we may collect or to which we may have access, through your use of our website fiveartists.com (the “Website”) and Services (together the “Platform”) and the rights available to you.

This Privacy Policy, including our Cookies Policy, form an integral part of and should be read in conjunction with our Terms and Conditions of Use.

For the purposes of applicable data protection laws, including the EU General Data Protection Regulation, as amended and supplemented (the “Data Protection Laws”), the “controller” of personal information collected through the Website is: fiveartists.com with respect to EU or UK based customers and/or fiveartists.com with respect to non-EU and non-UK based customers.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE ACCESSING AND USING OUR PLATFORM. BY ACCESSING OR USING OUR PLATFORM YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY. IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT ACCESS OR USE THE PLATFORM. PLEASE NOTE – YOU ARE NOT OBLIGATED BY LAW TO PROVIDE US WITH ANY PERSONAL INFORMATION.

1. PERSONAL INFORMATION WE MAY COLLECT ABOUT YOU

Personal information is individually identifiable information, namely information that identifies an individual or may with reasonable efforts or together with additional information we have access to, enable the identification of an individual, or may be of a private or sensitive nature relating to an identified or identifiable natural person. Identification of an individual also includes the association of such individual with a persistent identifier such as a name, an identification number, persistent cookie identifier, etc. Personal information does not include information that has been anonymized or aggregated; provided, that, such information can no longer be used to identify a specific natural person.

We collect personal information from you when you use or interact with our Platform, including:

• Personal Information you provide to us when you use our Platform. We collect personal information from you and any devices (including mobile devices) you use when you: (i) use or access our Platform; (ii) register for an account with us;(iii) provide us information on a web form or other text file;(iv) update or add information to your account; or (v) through correspondence that you exchange with us from time to time. More specifically, we collect and use the following categories and types of personal information when you use our Platform:
  • Contact information such as your name, email and physical addresses, or telephone number when you complete our online form, make an order with us, register account or otherwise when you update your accounts details or otherwise communicate with us.
  • Information you provide to us, whether during a transaction, or other transaction-based content that you generate or that is connected to your use of the Platform , such as, without limitation photos you upload to the Platform and unboxing videos that you share with us.
  • The contents of your interaction with our customer support or sales departments, which may include text/video/audio recording and transcripts of such communications.
  • Financial information (such as credit card or bank account numbers), which is processed by our third-party services providers as further detailed below and to which we generally have no access.
  • Shipping, delivery, postage, billing and other information used to transact and deliver through the Platform.
  • Information you chose to provide when you complete a survey.
• Usage Data. You may also provide us information through your use of certain tools, features and applications that we make available to you through the Platform such as chats or calls with support representatives, or when you otherwise communicate with us via the Platform.
• Information Mandated by Applicable Law. Information we are required or otherwise authorized to collect under applicable laws to authenticate or identify you or to verify the information we have collected from you via our Platform.
• Impression Information. Information about your impressions of, and reactions to, advertisements that appear on the Platform or other websites and applications that we or our advertising partners receive from devices (including mobile devices) and software you use when you access our Platform or such third-party websites and applications where our advertisements are served. This information may include the following: Device ID or unique identifier, device type, ID for advertising, unique device token, operating system, information regarding your clicks, views and engagement with our advertisement and Platform, information concerning your traffic to and from the Platform, your referral URL, ad data, your IP address, your web log information, and your location information, including location information from your mobile device as can be derived from your IP address.
• Personal information collected from other sources. We may also collect personal information about you from third parties who have represented to us that they have obtained your consent for such provision of information or that you have freely and publicly provided. For example, we may receive or access photos or videos of you uploaded to our Platform or social networks platforms by other users.
• Social Media. We allow you to share information with social platforms, or use social platforms connect your account with the respective social platforms. Those social platforms may give us automatic access to certain personal information retained by them about you (e.g., content viewed by you, content liked by you, and information about the advertisements you have been shown or have clicked on, etc.). You have the ability to control the personal information to which you allow access through the privacy settings on the applicable social platforms and the permissions you give us when you grant us access to your personal information that is being retained by such social platforms. If you actively communicate about us, our products or our brands on social media, we may collect (i.e., either directly or indirectly) and use a copy of your communication for branding purposes. For example, if you post #fiveartists or @fiveartists or #fiveartists in connection with one or more of our products across social media, we reserve the right to track, retain and use a copy of such post/tweet.

  PLEASE NOTE THAT ANY INFORMATION YOU POST OR DISCLOSE USING HASHTAGS, WILL BECOME PUBLIC AND MAY BE AVAILABLE TO OTHER USERS AND THE GENERAL PUBLIC.

• Device Information. We collect information from and about the computers, phones, and other web-connected devices you use to access our Platform, and we may combine this information across different devices you use. For example, we use information collected about your use of our Platform on your phone to better personalize the content or features you see when you visit or use our Platform on another device, or to measure whether you took an action on your phone on a different device. Information we obtain from these devices includes:
  • Device attributes: information such as the operating system, type of device, browser type, language preferences.
  • Device operations: information about operations and behaviours performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots), access time and date.
  • o Identifiers: unique identifiers, device IDs, and other identifiers.
  • Network and connections: information such as the name of your mobile operator or ISP, IP address.
  • Cookie data: data from cookies stored on your device, including cookie IDs and settings. Learn more about how we use cookies, please review our Cookies Policy.

We perform such automatic collection through use of cookies, web beacons, pixels, unique identifiers, and similar technologies which allow us to collect information about the pages and screens you view, the links you click, and other actions you take when using our Platform, within our advertising or email content, as further detailed in Section 5. For more information about our use of these technologies, and how to control them, see our Cookies Policy. If you give us personal information about someone else, you must do so only with that person’s express authorization.

The Website uses Google Analytics as primary analytics tool. For more information you can see Google's Privacy & Terms.

The Website also uses Mouseflow: a website analytics tool that provides session replay, heatmaps, funnels, form analytics, feedback campaigns, and similar features/functionality. Mouseflow may record your clicks, mouse movements, scrolling, form fills (keystrokes) in non-excluded fields, pages visited and content, time on site, browser, operating system, device type (desktop/tablet/phone), screen resolution, visitor type (first time/returning), referrer, anonymized IP address, location (city/country), language, and similar meta data. Mouseflow does not collect any information on pages where it is not installed, nor does it track or collect information outside your web browser. If you'd like to opt-out, you can do so at https://mouseflow.com/opt-out. If you'd like to obtain a copy of your data, make a correction, or have it erased, please contact us first or, as a secondary option, contact Mouseflow at privacy@mouseflow.com.

For more information, see Mouseflow’s Privacy Policy at https://mouseflow.com/privacy/

For more information on Mouseflow and GDPR, visit https://mouseflow.com/gdpr/

For more information on Mouseflow and CCPA visit https://mouseflow.com/ccpa

We use third-party agents to process certain personal information collected from our websites and other digital properties on our behalf. Sometimes, this information is merged with data collected offline. The role of these third-party agents is to structure data coming from multiple sources to help us more effectively use that data to operate our business. For example, this information may be used for our advertising and marketing campaigns. These third-party agents are contractually prohibited from using this information other than as directed by us.

2. WHY WE COLLECT AND PROCESS PERSONAL INFORMATION

We collect, process and use your information for the purposes described in this Privacy Policy, based at least on one of the following legal grounds:

• When Performing the Services: We collect and process your Personal Information to provide you with the Services; to maintain and improve our Services; to develop new services and features for our Users; and to personalize the Services in order for you to get a better user experience.
• Legitimate interests: We process your information for our legitimate interests while applying appropriate safeguards that protect your privacy. Our legitimate interests may span things like detecting, preventing, or otherwise addressing fraud, abuse, security, usability, functionality or technical issues with our Services, protecting against harm to the rights, property or safety of our properties, users, or the public as required or permitted by law; enforcing legal claims, including investigation of potential violations of this Privacy Policy; to comply and/or fulfil our obligations under applicable laws, regulations, guidelines, industry standards and contractual requirements, legal process, subpoena or governmental request; and in accordance with our Terms of Service.
• Advertising: To the extent we’re permitted to do so under applicable law, to display or send to you marketing and advertising material and general and personalized content and advertisement via the Platform, email, postal mail, telephone, mobile devices and/or when you visit other sites, and to track and analyze the effectiveness and relevance of such material.
• With your consent: We ask for your agreement to collect and process your information for specific purposes and you have the right to withdraw your consent at any time. For example, we ask for your consent to use the drawings we prepared for you on our Website and social networks or to send you our marketing offers and communications.

We may also access and use your information for any of the following internal purposes:

• To provide and improve our Platform and its various functions and features and to manage our business;
• To send you updates, notices, notifications, announcements, and additional information related to the Platform;
• To conduct surveys regarding our services or regarding the experience of users in our Platform;
• To be able to manage your account and provide you with customer support and technical assistance;
• To create cumulative statistical data and other cumulative information and/or other conclusive information that is non-personal, in which we might make use, in order to operate and improve our Platform;
• To verify your eligibility and deliver prizes in connection with promotions and referral programs we may hold from time to time;
• To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities, including any breaches of this Privacy Policy or of our Terms of Use; and
• To comply with any applicable rule or regulation and/or response or defend against legal proceedings versus us or our affiliates.

3. WHERE DO WE PROCESS AND STORE USER’S PERSONAL INFORMATION?

Any and all personal information that we collect from our Users is maintained in secured cloud storage environments provisioned by third party cloud providers in the United States. Information regarding the Users will be maintained and processed by us and our authorized affiliates and service providers which are located in various locations around the world, including, without limitation, the United States and Israel.

It’s our policy, irrespective of the jurisdictions wherein our Users are located, to maintain all User-supplied data in secure environments provisioned by third parties that : (i) have assured us of the safeguards which they implement to protect your rights to privacy, including where applicable, by undertaking to comply with the EU Standard Contractual Clauses; or (ii) where applicable, hold and process such information on our behalf either in jurisdictions which have been determined to ensure an adequate level protection by the EU Commission.

By providing your information, you expressly consent to the place of storage and transfer described above, including transfers outside of the jurisdiction in which the information was provided.

4. TO WHOM WE SHARE PERSONAL INFORMATION

We may share your personal information with third parties (or otherwise allow them access to it) only in the following manners and circumstances:

• Third Party Service Providers: We partner with a number of selected service providers, whose services and solutions complement, facilitate and enhance our own. These include hosting, data and cyber security services, fraud detection and prevention services, merchant processing, shipping, postal and delivery services, website functionality, manufacturing services, e-mail and text message distribution and monitoring services, advertising, data optimization and marketing services, affiliation and related analytics services, customer support and call center services, as well as our business, legal and financial advisors, and others (collectively, "Third Party Service Providers"). Any disclosure or access to personal information is strictly subject to the recipient's or user's undertaking of confidentiality and appropriate safeguards obligations. Our Third Party Service Providers may be divided into two types of third parties:

  (i) third parties providing us with services who act as our processors and may only process your personal information according to our instructions (which are made in accordance with the terms hereof). We remain responsible for any personal information processing done by such Third Party Service Providers on our behalf not in accordance with the terms hereof, except for events outside of its reasonable control and except for such Third Party Service Providers with whom you have a direct contractual relationship; and

  (ii) third parties providing us with services who act as data controllers with respect to some or part of the information they receive from us, i.e. they may determine the purposes and means of the processing of personal information. We will notify you of the identity of such third parties either through the Platform of through our Cookie Policy. We shall have no responsibility or liability with respect to such processing by such third parties.

  In particular, we may share your information with selected third parties including:

  • Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others on this and other websites and platforms, including mobile apps. We may provide these third parties with aggregate information to help them reach the kind of audience they want to target as well as personal identifiers such as a cookie ID. We may also make use of the personal information We have collected from you to enable Us to comply with our advertisers' wishes by displaying their advertisement to the target audience they are trying to reach.
  • Where we obtain the appropriate consent from you, We or Our group companies will pass your data to third parties for direct marketing purposes.
  • Analytics and search engine providers, including Google, that assist Us in the improvement and optimization of the Website.
  • Third party service providers to help Us operate our business, the Website or administer activities on our behalf, such as sending out newsletters or surveys.

  Please see our Cookies Policy, and our Privacy Preferences Center, for information on how you can opt-in / opt-out from sharing information with some of our third-party service providers. Any processing of your personal information by such third parties shall be done pursuant to your acceptance and agreement to their terms of use and privacy policies as specified in their relevant properties.

• Governmental/Law Enforcement Agencies and Legal Requests or Duties: We may disclose or otherwise allow access to Personal Information pursuant to a legal requirement or request, such as a subpoena, search warrant or court order, or in compliance with applicable laws and regulations. Such disclosure or access may occur with or without notice to you, if we have a good faith belief that we are legally required to do so, or that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing.
• Protecting Rights and Safety: We may share your Personal Information with others, with or without notice to you, if we believe in good faith that this will help protect the rights, property or personal safety of our Company, of any of our Users, or any members of the general public.
• Our Affiliated Companies: We may share Personal Information internally within our affiliates for the purposes described in this Privacy Policy. In addition, should we or any of our affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of our assets, your personal information may be shared with the parties involved in such event. If we believe that such change in control might materially affect your personal information then stored with us, we will notify you of this event and the choices you may have via e-mail and/or prominent notice on our Platform.

• Acquisition of Business Assets: We may disclose your personal information to third parties:

  • In the event that We sell or buy any business or assets, in which case We may disclose your personal information to the prospective seller or buyer of such business or assets.
  • If We or substantially all of our assets are acquired by a third party, in which case personal information held by Us about Our customers will be one of the transferred assets.

5. RETENTION OF YOUR PERSONAL INFORMATION

The period for which we will retain your personal information will vary depending on the purposes it was collected for, as well as the requirements of any applicable law or regulation.

For example, if you order a product on the Website, we will store your personal information and details about your order for as long as is necessary to comply with applicable tax legislation, and for the period for which you or we could bring legal proceedings in relation to your order.

6. YOUR RIGHTS

You can make choices regarding our collection and use of the personal information you share with us. You can control your personal information that we have obtained by emailing the Company at welcome@fiveartists.com. By way of example, you may request (i) access to the personal information we’ve collected from/about you, (ii) that we make updates to your personal information, (iii) that we cease using your personal information to contact you, and (iii) that we delete the personal information about you in our records. We undertake to respond to your request within 30 days of receipt thereof. In some cases, your ability to access or control your personal information will be limited, as required or permitted by applicable law. If that should happen, the Company will notify you accordingly. How you can access or control your personal information will also depend on which Services you use. For example, if you ask us to delete your personal information, we may not be permitted to do so if you’ve made a purchase via our Platform. We will retain your information for as long as your account is active or as needed to provide you access to the Services. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and to enforce our agreements.

You also have the right to complain about the use of your personal data to the supervisory authority of your habitual residence or place of work.

A summary and further details about your rights under EU Data Protection Laws, is available on the EU Commission’s website at: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en

For the removal of doubt, we expressly reserve the right to transfer, share or otherwise use non-personally identifiable information (e.g., anonymous, aggregated information) in our sole discretion and without the need for further approval.

7. DIRECT MARKETING

By registering to our Services and/or providing us with your e-mail address or any other contact information (including without limitation through any form on our Website), you hereby agree that we may contact you for the purpose of informing you regarding our products and services which may interest you, and in order to send to you other marketing material. You may withdraw your consent by sending us written notice by email to the following address: welcome@fiveartists.com or by pressing the "Unsubscribe" button contained in the promotional communications you receive. Please note that we may also contact you with important information regarding your use and interaction with our Services. For example, we may notify you (through any of the means available to us) of changes or updates to our Services, payment issues, orders, including without limitation order stages and/or status, service maintenance, etc. You will not be able to opt-out of receiving such service messages.

We use a third-party service provider, SENDGRID, to deliver our emails. When you open emails sent by Us, We gather your IP address as well as other statistics around email opening and clicks using industry standard technologies, including tracking pixels to monitor if you are reading our emails so that we can measure the effectiveness of our campaigns and improve our communications. If you do not want us to track emails sent to you, do not let your email application download pictures or do not subscribe to our marketing emails. You may opt-out of the SENDGRID service by using the SENDGRID Opt-Out Feature, available https://docs.sendgrid.com/ui/sending-email/global-unsubscribes .

8. MOBILE MARKETING

By opting-in to receive text messages from us or by sending us an initial text message, you agree to receive text messages (a.k.a. SMS messages) from FiveArtists, some of which may be considered marketing and may be delivered by us using autodialer systems/technologies. You also represent that you are the owner or authorized user of the mobile device that you used to subscribe for our mobile communications and that you are authorized to approve the applicable charges, as applicable. You (and not FiveArtists) will be responsible for all messaging and data charges that may apply.

You can opt-out of receiving text messages from us at any time by texting “STOP” from the mobile device receiving the messages or as otherwise may be described in the text messages you received from us. If you choose to opt-out you will be unsubscribed from the text program. You will receive one SMS that confirms you have successfully opted-out. After that you will receive no more messages for this system until you opt-in again. For additional help, you may contact us by sending an email to welcome@fiveartists.com

Please know that, even if you opted out of receiving text messages from us, we may still contact you for transactional or informational purposes. Some examples are contacts for customer service, product information, service or reminder notices. We may also need to contact you with questions or information regarding your order.

9. MINORS

To use our Platform, you must be over the age of sixteen (16). Therefore, we do not knowingly collect personal information from minors under the age of sixteen (16) and do not wish to do so, If you are between 16 and 18 years of age, then you must review this Privacy Policy with your parent or guardian before visiting or using our Platform to make sure that you and your parent or guardian understand this Privacy Policy and agree to it. Any purchase of products through our Services that is intended for a child under sixteen (16) years of age, must be carried out by his/her legal guardian within such legal guardian’s account, and without providing us any personal information of such child.

We reserve the right to request proof of age at any stage so that we can verify that minors under the age of sixteen (16) are not using the Services. If we learn that we have collected personal information from a child under sixteen (16) years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at welcome@fiveartists.com

10. INFORMATION SECURITY

We take great care in implementing and maintaining the security of our Platform. We employ industry standard procedures and policies to ensure the protection of personal information, and to prevent unauthorized use of any such information. Among other means we use Secure Socket Layer (SSL) technology, which creates an encrypted link between our web server and your browser and provides a secured path of communication to ensure the information remains protected and private. Please note however, that regardless of the measures we take and the efforts we make, we cannot and do not guarantee the absolute protection and security of any Personal Information.

11. LINKS TO AND INTERACTION WITH THIRD PARTY PRODUCTS

Our Website may enable you to interact with or contain links to third party websites, mobile software applications and services that are not owned or controlled by us (each a “Third Party Service”).

We are not responsible for the privacy practices or the content of any Third Party Service. Please be aware that the Third Party Service may collect personal information from you. Accordingly, We encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with.

12. UPDATES TO THIS PRIVACY POLICY

This Privacy Policy will be reviewed from time to time to take account of changes to our operations or practices and, further, to make sure it remains appropriate to any changes in law, technology and the business environment. Changes will take effect once they are posted online and by accessing and/or using the Services after we make any such changes to this Privacy Policy, and you are deemed to have accepted such changes. If you do not agree with any of the amended terms, you must avoid any further use of the Services provided by us. Any personal information held will be governed by our most current Privacy Policy.

13. CONTACT US

If you would like to get in touch with us or if you have any privacy-related questions, concerns or complaints, please contact us at: welcome@fiveartists.com

By contacting us, and accessing the Platform, you warrant and agree that you are free to do so, and that you are not providing us with information which violates any third party intellectual or privacy rights.