Effective as of February 7, 2024

Notable is revolutionizing how art is experienced, traded, and collected.  We partner with world-famous artists in the creation of nonfungible tokens (“NFTs”) of artworks, provide an online marketplace for the sale of these NFTs, and we provide museum-quality prints of the artworks to the purchasers of the NFTs.  This Privacy Policy is designed to assist you in understanding what personal information we collect, why we collect it, and how you can manage your information.

You are accepting the practices described in this Privacy Policy when you engage with us in any way – by using our Website (https://www.notable.art), the Notable Platform, social media pages, contacting us, attending live events, or any other activities described in this Privacy Policy (collectively, “Services). 

For purposes of this Privacy Policy, “Personal Information” means information that could reasonably be used to identify a person.  For European residents, in this Privacy Policy “Personal Information” is assimilated to the concept of “Personal Data,” namely any information relating to an identified or identifiable natural person. 

This policy may be amended from time to time, so please check regularly for updates.

Table of Contents

This Privacy Policy contains the following sections:

1. Information We Collect
2. How We Use and Share Your Information
3. How we Secure and Store Your Information 
4. Changes to Our Privacy Policy, Your Rights, and How to Contact Us
5. Special Notices (Notice to European Residents)

01. Information We Collect

Depending on how you interact with Notable, we may collect Personal Information/Personal Data about you from different sources. We treat this information with the utmost care. The types of Personal Information/Personal Data that we collect through our Services may include the following:

Direct Marketing. 

We may send you direct marketing communications and may personalize these messages based on your needs and interests.  You may opt out of our marketing communications as described in the Opt-out marketing section below.  

Third-Party Sources. 

We may combine personal information that we receive from you or your use of our Services with information we obtain from other sources, including:

• Public sources (e.g., government agencies, public records, social media platforms, public blockchains and ledgers, and other publicly available sources);
• Influencers, promoters, and other entities that participate in our paid affiliate program;
• Joint marketing partners, event co-sponsors, and other marketing partners;
• Third-party services that you link to our Services (e.g., your digital wallet);

When You Engage with Third Party Sites and Plug-Ins.

‍Engaging with our Services may include use of links to third-party websites and plug-ins. Contact with us or the use of our Services may allow third parties to collect, process, and/or share data about you. We do not control these third parties and are not responsible for their privacy practices. We encourage you to read the privacy policy of every third party.

Cookies and Tracking Pixels.

‍Cookies are small text files that are stored on your end device. We use cookies to enhance the functionality of our Website (e.g., allow sharing of articles and studies, track first-time users for providing notices), and to collect information and report site usage statistics in connection with third-party analytics providers (e.g., Google Analytics ). These third-party analytics providers use cookies to, inter alia, recognize patterns in users’ behavior and track users’ website activity. This information is shared with Notable for business and website development purposes. 

Tracking pixels, also known as marketing pixels, are pixel graphics used to track user behavior, including site conversions.  This information is used by the third party pixel providers to optimize targeted advertising campaigns.

For more detailed information about the cookies and tracking pixels Notable uses, please see our Cookies Policy as set out in the separate Notice for European Residents.

02. How We Use and Share Your Information

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Uses of Information 

We may use your personal information to:

• Provide and operate our Services
• Improve our Services and business, and develop new products and services
• Understand your needs and interests
• Personalize our Services and your experience
• Establish and maintain your account for using our Services
• Enable security features for our Services
• Enable minting and sale of NFTs
• In connection with promotions and events, to notify you if you win, determine your identity, determine your eligibility, and/or send you prizes
• Contact you and market to you
• Provide support and respond to your requests, questions, and feedback
• Analyze your usage of our Services
• In connection with applications for employment, to process your application and contact you regarding employment opportunities.  

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More detail on how we use your information is provided in the section above (“Information We Collect”).

Compliance and Protection. 

We may use your personal information to comply with applicable laws, lawful request, and legal processes (e.g., responding to subpoenas or investigations from government authorities); to enforce or defend against legal claims; to audit our internal processes for compliance with legal and contractual requirements and our internal policies; to enforce applicable terms and conditions (e.g., those connected with our Services); and to prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical or illegal activity, such as cyberattacks and identity theft.

Sharing of Information with Third Parties 

We do not sell your Personal Information / Personal Data to third parties. Your personal information may be made visible to or shared with third parties in connection with the operations of our business and/or for advertising purposes.

• Publicly Available.  Your profile and other user-generated content data (except for messages) may be visible to other users of our Services and the public.  For example, other users of our Services and the public may have access to your information if you choose to make your profile and other personal information available to them through our Services, such as when you provide comments, reviews, survey responses, or share other content.  This information can be seen, collected, and used by others, including being cached, copied, screen captured, or stored elsewhere by others (e.g., search engines), and we are not responsible for any such use of this information. 

• Service Providers: We may share your Personal Information / Personal Data with third parties that help us operate our Services and business, such as hosting, information technology, end-user authentication, customer support, email delivery, checkout  and shipping logistics, marketing, consumer research and website analytics.

• Cryptocurrency and Virtual Currency Platforms: To the extent it is necessary to mint an NFT and/or to the extent you have a virtual currency account linked to your account, we may share your Personal Information / Personal Data with the cryptocurrency platform(s) and/or virtual currency account(s) that you have chosen.  Please review the privacy policy of any third-party platform that you intend to use to learn how they may process your Personal Information / Personal Data.  

• Payment Processors: We do not directly process your payment card information.  Any payment card information that you use to make a purchase via our Services is collected and processed directly by third-party payment processors with whom we have a contractual relationship (e.g., Shopify).  Please review the privacy policy of these payment processors to learn how they may process your Personal Information / Personal Data.

• Co-Sponsors.  Sometimes we co-sponsor events or promotions with third parties.  Where this happens, the information collected from you may be shared by us and the co-sponsoring third party.

• Professional Advisors.  In some instances, our professional advisors may need access to the information we collect and process.  Where necessary for them to review this information in the course of offering professional services to us, we may disclose your information/data to them.

• Legal Rights and Obligations: In certain limited circumstances, we may need to disclose your personal information in order to comply with a legal obligation or demand, such as responding to legal process (e.g., search warrant, subpoena, summons, or court order), enforcing our Terms of Service, cooperating with law enforcement agencies concerning conduct that is alleged to have been in violation of federal, state, or local law, or to exercise or defend against legal claims.

• Change or Investment in Organization: We may disclose your Personal Information / Personal Data to individuals or entities necessary to effectuate actual or prospective business transactions for Notable, such as investments in Notable, financing of Notable, public stock offerings, or the sale, transfer, or merger of all or part of our business, assets, or shares.  For example, we may need to share information with prospective counterparties, as well as their advisors.  

• Additional Third Parties That You Consent To.  If you consent for us to do so, we may share your Personal Information / Personal Data with additional third parties not described above.  For example, if you consent for us to share your information with third-party advertisers who want to offer you additional services, we may do so.

Sensitive Personal Information

While we collect some sensitive personal information about you (e.g., payment information and physical address when redeeming a physical work), we use this information only for purposes of providing you with the service reasonably expected, including the sale and purchase of NFTs.  

We ask that you do not provide us with any additional sensitive information beyond what is necessary to provide you with our Services (e.g., social security numbers, information related to race, biometric information, health information). 

Children’s Information 

Notable does not knowingly collect or use any personal information from any individuals younger than 18 years old (“Children”). We do not knowingly allow Children to use our Services, to engage in our promotions or events, or to communicate with us. Our Terms and Conditions require customers to be at least 18 years of age to use our Services. If you are a parent or guardian and become aware that your Child has provided us with information, please contact us using one of the methods specified below. We will comply with all applicable legal requirements to delete the information.

No Automated Decision-Making or Profiling

Notable does not engage in automated decision-making or profiling.

03. How we Secure and Store Your Information

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Technical, Administrative and Physical Controls

Notable maintains reasonable technical, administrative, and physical controls to secure any personal information that we collect, process, and maintain. However, there is always some risk that an authorized party will intercept an Internet transmission, or that someone will find a way to thwart our security systems and/or the security systems of the third-party vendors that we rely on to process and store personal information. We urge you to exercise caution when transmitting information over the Internet. Notable cannot guarantee that unauthorized third parties will not gain access to your personal and private information; therefore, when providing us with personal and private information, you must weigh both the benefits and the risks.

04. Changes to Our Privacy Policy, Your Rights and How to Contact Us

Changes to Our Privacy Policy

We may update this Privacy Policy from time to time, and we encourage you to periodically review these changes. Changes to this Privacy Policy are effective when they are posted on this page. When we make changes to our Privacy Policy, we will update the Effective Date at the top of the Privacy Policy. In all cases, your use of our Services after the Effective Date of a Privacy Policy indicates your acknowledgement that the Privacy Policy applies to your interactions with our Services.

Your Rights

We provide you with control over your personal information. If you wish to exercise your data rights, please use the contact information below to make requests. We will consider your request in accordance with applicable laws. Your exercise of any of these rights will not change the way Notable treats you. (Users who are located in California or Europe can find additional information about their rights in the “Special Notices (Residents of California and Europe)” section below.)

Opting Out of Marketing Communications  

You may opt out of marketing communications by following the unsubscribe instructions at the bottom of our emails, or by contacting us using the contact information provided below. Please write “unsubscribe” or “opt out” in the subject line. Please note that if you opt out of marketing communications, you may continue to use our Services and receive non-marketing related communications.

How to Contact Us 

We are committed to resolving your privacy concerns, including any requests or issues. If you, or an authorized agent on your behalf, would like to contact us about any privacy concerns, please contact us at the following email address: info@notable.art or by mail at 1000 Park Avenue, New York, NY 10028

We will respond to all reasonable requests in a timely manner.  We may need to further confirm your identity in order to process certain requests.

In all communications to us, please include contact information for responding and a detailed explanation of your question or request. If you would like to amend, correct, or delete your personal information and are contacting us by email, please put “Deletion Request” or “Amendment/Correction Request” in the subject line of the email.

05. Special Notices (Notice to European Residents)

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Notice to European Residents

Rights under GDPR

If you are a resident of the United Kingdom or the European Economic Area, you have certain rights regarding your Personal Data, subject to the General Data Protection Regulation (GDPR) and the UK GDPR as it forms part of the laws of the United Kingdom (UK GDPR). These include the following rights:

• Right of access and right to obtain a copy: 

• You have the right to request access to your Personal Data at any time and to be informed about the purpose of processing by Notable.

• Right to rectification, erasure or restriction: 

• You always have the right to ask us to rectify your Personal Data if you think it is incorrect. 
• You can also request to restrict the processing of your Personal Data if you believe your data is inaccurate and you have subsequently informed us accordingly.
• In addition, you have the right to ask us to delete your Personal Data to the extent we have not been able to anonymize it.
• Furthermore, you acknowledge that a refusal to share data or a request to erase your data may make the delivery of several Notable Services impossible.

• Right of objection:

• You have the right to object to the processing of your Personal Data if you have legitimate reasons and communicate them to us. 
• You also have the right to object to the use of your Personal Data for direct marketing. In this case, you do not need to provide a specific reason for your objection.

• Right to data portability: 

• You have the right to request to obtain your Personal Data processed by Notable n a structured, commonly used format and/or to transfer such data to another controller.

• Right to withdraw consent:

• Where the processing of your Personal Data by Notable is based on your prior consent, you have the right to withdraw this consent at any time. 

• Automated decisions and profiling: 

• Notable does not currently engage in automated decision-making and/or profiling.  However, in the event that Notable were to engage in automated decision-making and/or profiling in the future, you have the right to request that we do not subject you to a decision based solely on automated processing, including profiling, that produces legal effects concerning you or similarly significantly affects you.

Exercising your rights: 

You can exercise your rights by contacting us through email at info@notable.art. 

Right to file a complaint

You have the right to lodge a complaint with your national data protection supervisory authority:

List of the data protection authority for each EU member state: 

https://edpb.europa.eu/about-edpb/about-edpb/members_en 

This is without prejudice to proceedings before the civil courts. 

If you have suffered damages as a result of the processing of your Personal Data, you may file a claim for compensation.

EXERCISE OF THESE RIGHTS GUARANTEES ACCESS TO A PROCESS BUT DOES NOT GUARANTEE ANY PARTICULAR OUTCOME. HOWEVER, WE WILL COOPERATE WITH YOU AND ASSIST YOU IN THE EXERCISE OF YOUR RIGHTS.

Legal Basis & Purpose for Processing Personal Data

We process your Personal Data only when we have a specific purpose and a lawful basis for doing so. Moreover, we only process what is relevant to pursue each specific purpose in question, and in particular: 

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Duration of the processing

Notable will retain your Personal Data for the duration necessary to fulfill the purposes described in the table above, including for as long as it is essential to the contractual relationship between you and Notable.

Notable may also retain your Personal Data to comply with applicable legal requirements, including requirements to retain your Personal Data further after termination of the contractual relationship between you and Notable. These include applicable limitation periods for billing, payment, accounting, tax and regulatory compliance purposes. The retention periods set out below may therefore be deviated from if such legal obligation applies.

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Data Processing Outside of Europe / International Data Transfers

We are headquartered in the United States and many of our service providers, advisors, partners, or other recipients of data are also based in the United States.  This means that, if you use our Services, your Personal Information / Personal Data will necessarily be accessed and processed in the United States.  

We may use service providers that operate in other countries.  Your Personal Information / Personal Data that you provide to us may be transferred to the United States or to other locations where our service providers are located that may not have privacy laws that are as protective as those in your home state, province, or country.  We have put in place appropriate safeguards in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place, please contact us. Our contact information is provided at the end of this Privacy Policy.

For European residents, where we share your Personal Data with third parties who are based outside of Europe, we try to ensure a similar degree of protection is afforded to your Personal Data outside of Europe as is afforded to your Personal Data within Europe under the GDPR.  We do this by making sure one of the following mechanisms is implemented.

• Transfers to territories with an adequacy decision.  We may transfer your Personal Data to countries or territories whose laws have been deemed to provide an adequate level of protection for personal data by the European Commission or UK Government (as and where applicable).

• Transfers to territories without an adequacy decision.  We may transfer your Personal Data to countries or territories whose laws have not been deemed to provide such an adequate level of protection.  In these cases, we may use specific appropriate safeguards, which are designed to give your Personal Data effectively the same protection as it has in Europe (for example, standard-form contracts approved by relevant authorities for this purpose); or in limited circumstances, we may rely on an exception or “derogation,” which permits us to transfer your Personal Data to such country despite the absence of an adequacy decision or appropriate safeguards (for example, reliance on our explicit consent to that transfer).

For more information on the specific mechanism used when transferring your Personal Data out of Europe, please contact us at info@notable.art.  

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Direct marketing

If Notable has obtained your Personal Data in the context of providing our Services, we may use your Personal Data to send you, via e-mail, promotional material regarding our business and similar services we offer. This is based on Notable’s legitimate interest. 

Other promotional material, concerning non-similar services we may offer, will only be sent to you if you have given us your prior consent to do so.

Notable may also transfer some of your Personal Data to its Data Processors, for direct marketing purposes relating to Notable’s Services.

We will at all times offer you a GDPR-compliant way to opt out of receiving such emails at any time, free of charge and without motivation, for example by clicking the unsubscribe button at the end of the promotional email or by sending an email to info@notable.art. 

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Cookies Policy 

What are the cookies and why do we use them?

A "cookie" is a small file sent by Notable's server and placed on your computer's hard drive. The information stored on these cookies can only be read by Notable and only for the duration of the visit to the Website.

Our Website uses cookies and similar technologies to distinguish your preferences for use from those of other users of our Website. The cookies we use are safe and help us to provide you with a better user experience when you visit our Website to optimize our Website. 

Types of cookies

There are many different cookies that can be distinguished according to functionality, origin or storage period. Below you may find a general description of the types of cookies relevant in the context of our Website. Further, a detailed overview is given of the specific cookies that are used on our Website.

Overview of cookies

Third Party Cookies

Your consent

On your first visit to our Website, you will be asked to accept non-essential cookies used by us. You can change the cookie settings for our Website at any time via the hyperlink at the bottom of our Website and thus withdraw your consent.

You can refuse or block cookies by changing the configuration parameters of your navigation system. Disabling cookies may mean that you will not be able to use certain functionalities of our Website.

For more information on how to set your browser, please refer to the following links:

Google Chrome

https://support.google.com/chrome/answer/95647?hl=en&sjid=13677114758039805098-EU

Safari

https://support.apple.com/kb/PH19214?locale=en_US 

Internet Explorer

https://support.microsoft.com/en-us/windows/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d

Mozilla Firefox

https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox

Currently, some browsers offer a "do not track" or "DNT" option that sends a signal to the Websites visited to indicate a visitor's tracking preference. Notable is not currently responding to these signals, as no common industry standard for DNT has been adopted by industry groups, technology companies or regulators. The third parties that place cookies on our Website may or may not do anything in response to this signal.

Please note that changing the settings may cause a Website to not work as expected.

More information about cookies can also be found via the following link: 

http://www.allaboutcookies.org/  

More information about online behavioral advertising and online privacy can be found via the following link: 

http://www.youronlinechoices.eu/