PRIVACY POLICY

DATED: MAY 2023

PLEASE READ THIS PRIVACY POLICY CAREFULLY. Your privacy is very important to us.This privacy policy (the "Privacy Policy" ) is intended to inform you of:

  • The types of information we collect
  • How we use information we collect
  • How we share information we collect
  • How we safeguard information we collect
  • Other important privacy information

This Privacy Policy applies to you whenever you access or use any domains or subdomains of our website at https://www.orientalartinvest.com and our mobile application (the "Platform"), or when you access, use, or download any products, services, features, content, widgets, materials or other tools offered by Oriental Art Invest (collectively, "Services"). This Privacy Policy does not govern information you choose to exchange directly with other users of the Platform, including communications or transactions with other individual users, as we have no direct control over the collection or use of this information. Please use appropriate precautions in sharing your information with these users.

Please note that your relationship with Oriental Art Invest is also governed by our Platform Terms of Use and the transaction documents that you may enter into in connection with making an investment through our Platform. Oriental Art Invest also has relationships with third parties for purposes of cookies served on our Platform, as detailed below. You are encouraged to carefully review these sections as well.

Types of Information We Collect

To provide our Services, and facilitate exchanges between users of the Platform, we obtain personal information directly from you and obtain information about you indirectly through electronic communications and third parties (collectively, "Personal Data").

User Supplied Membership Information

Depending on the Services you seek to access we may require that you provide some or all of the following types of Personal Data:

  • Name
  • Address
  • Email
  • Phone Number
  • Date of Birth
  • Certificate of Authenticity
  • Payment Information

Our membership registration process, surveys, and questionnaires may request that you provide other information that you may, at your option, choose to provide or withhold. Any such information provided will be subject to this Privacy Policy.

Verification Information

If required to help us verify your identity, you may provide us a copy of your driver's license, passport or other government-issued ID. If required to help us verify your residence, you may provide us with a utility bill, lease, or other proof of residence. You may also provide us with other verification documents, such as bank statements reflecting the source of funds, to meet the U.S. Bank Secrecy Act or anti-money laundering laws, U.S. Treasury Department rules or regulations, or other legal requirements. If you seek to invest through an entity or corporation, you may provide us with documentation relating to the entity's jurisdiction of formation, legal status, and ownership. By providing the verification information and documents mentioned above, you also provide us with information within those records, which may include characteristics of protected classifications like your sex, age, national origin, and citizenship.

Banking Information

In order to make an investment in securities offered through our Platform, you must provide us and our third-party financial providers or partners with certain account and other payment information, such as information needed to make payment via ACH, wire, electronic checks, cryptocurrency, foreign currency or any other payment method accepted by us at such time. Our membership registration and buyflow process provides additional details on the types of payment information needed. For members who link or verify bank accounts over our Platform and/or one of these third parties, you may further agree to your personal and financial information being transferred, stored, and processed by this third party in accordance with their respective privacy policies.

Automatically or Passively Collected Information

In addition to information you directly provide, we automatically or passively collect information when you access or use our services, such as, but not limited to, your IP address, device identifiers, click path, use of our Platform and other electronic data. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Platform is being used, and for security and monitoring purposes. In order to determine whether your computer is supported by our system, we may collect additional technical information about your operating system and browser, as well as the presence of any software that our Platform may require to operate with your computer, or other third party software on your computer.

Cookies

Additionally, we may collect, store and use "cookies". A "cookie" is a small amount of data, often including an anonymous unique identifier, which is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide you with a tailored user experience to make it easier for you to use a website upon a future visit, as well as to help you navigate between pages efficiently. We may include cookies on our Platform and use them to recognize you when you return to our Platform. You may set your browser so that it does not accept cookies. However, cookies must be enabled on your web browser if you wish to access certain personalized features of our Services. We encourage you to carefully review this section in order to learn more, and explore your opt-out options for certain cookies that are not necessary to become a member on our Platform.

Types of cookies being used on our site:

  1. Session Cookies: These cookies are automatically erased whenever you exit the Platform. We use these cookies to grant users access to places on our Platform and enable actions they must be logged on to do.
  2. Persistent Cookies: Persistent cookies usually have an expiration date in the future, and remain in your browser until they expire, or you manually disable them. Persistent cookies are used in order to track member usage patterns of our Platform and understand what you do on our Platform.
  3. Third-Party Cookies: We use third-party cookies for most of our user tracking. We may use cookies to determine people logging in or if they signed up for web push notifications.

Please note that removing or rejecting all cookies could affect the functionality of the Platform and its services.

Usage Information

We collect certain information about you when you visit the Platform and interact with any of our Services. We collect information about when you use Services, the pages within the Platform you visit, the links you click on, the type, size, and names of files you upload or download, and the search terms you use. If you invite others to use the Platform, we retain information about your referral.

We collect information in connection with the transactions you become a party to through our Services, including your participation in primary listings via the Platform and secondary purchase and sale transactions through the secondary market bulletin board. Transaction data includes, without limitation, the terms on which you purchase or sell artworks and information relating to price, size, volume, class of artworks, offers, acceptances, transfer restrictions, and any derivative data related thereto.

Third-Party Information

We collect information about you from third-party sources with which we maintain various commercial relationships. We utilize a third-party identity verification service provider to help us confirm your identity, prevent fraud, money laundering, and other illegal activity, and satisfy legal requirements relating to the Services. We may also receive information about you from our third-party marketing partners, referral programs, IRA service providers, partnership agreements, and/or joint marketing arrangements.

How We Use Information We Collect

We may use your information for the following commercial purposes:

  • To administer, operate, facilitate, and manage your relationship with Oriental Art Invest and deliver the Services.
  • To facilitate our business operations, including fulfilling our legal and regulatory requirements such as identity verification, validation, anti-money laundering, and "Know Your Customer" protocols.
  • To determine your eligibility to invest.
  • To enable you to subscribe for securities, make and receive payments, and execute transactions.
  • To satisfy our record-keeping and transfer agency obligations under applicable laws, rules, and regulations.
  • To communicate with you about the Services and target our marketing, advertising, and sales efforts to enhance your user experience and increase engagement. These communications may alert you to new Services, listings, features, content and promotional events.
  • To provide you with information about our current Services, including onboarding materials, the availability and terms of new investment opportunities, reminders, and information about your previous investments.
  • To verify your identity, accounts, and activity, to monitor suspicious or fraudulent activity, and to identify violations of Service policies. We also use your information to debug, identify, and correct errors;
  • On a de-identified, aggregated basis, for research and development activities, including analyzing how you use the Services to help us understand usage patterns and know if there are problems with the Services or areas ripe for improvement;
  • To contact you or, if applicable, your designated representative(s) by post, telephone, text message, electronic mail, facsimile, etc., in connection with your relationship with Oriental Art Invest, including with information and updates about our Services.

In addition, if we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, creation of a trust or other affiliated entity, receivership or sale of Oriental Art Invest's assets, or other corporate transaction affecting Oriental Art Invest, your information may be shared, transferred or sold under a duty of confidentiality as part of a transaction as permitted by law or by contract.

By using the Services, you consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You can "opt-out" of receiving these types of communications from us by following the directions provided elsewhere in this policy.

If your relationship with Oriental Art Invest ends, we will continue to treat your Personal Data, to the extent we retain it, as described in this policy.

How We Share Information We Collect

We do not buy, sell or share personal identifying information from, to or with third parties for their direct marketing or similar purposes without your consent. We also do not offer financial incentives, preferential service agreements, or any other differences in our prices or Services in exchange for your information.

The manner in which partners, service providers, and others with whom we share and/or disclose your information is governed by the policies of such parties, and we shall have no liability or responsibility for the privacy practices or other actions of any such parties. Generally, you can easily recognize when one of our partners is associated with a service. However, certain parties may provide services anonymously, and, in this case, we will only share information that is directly related to the applicable service(s). This may include the incorporation of your Personal Data into databases maintained to validate information for identity verification, including verification for anti-money laundering and "Know Your Customer" protocols.

How We Safeguard Your Personal Data

Security Systems and Processes: Oriental Art Invest developed a detailed written Information Security Policy that covers all personnel, and regularly conducts company-wide training on protecting the personal information of clients and investors, as well as the disposal of non-essential customer information. We have put in place security systems designed to prevent unauthorized access to or disclosure of Personal Data, and we take all reasonable steps to secure and safeguard this Information, including:

  • Our Platform's password-protected section requires users to give us unique identifiers such as their user ID and password and authenticate themselves prior to accessing the Services;
  • We use industry-standard encryption technology for any information we store;
  • Oriental Art Invest employees are required to acknowledge that they understand and will abide by this Privacy Policy with respect to the confidentiality of Personal Data;
  • Where applicable, companies and vendors that we do business with agree to abide by this Privacy Policy and apply similar contractual safeguards to Personal Data;
  • We provide access to our databases containing Personal Data on a need-to-know basis only; and
  • We use automated tools to monitor network traffic to detect, identify, and track unauthorized attempts to upload information, change information, or otherwise seek to "hack into" our systems.

Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. However, please understand that this information should not be construed as a warranty that our security systems are fail proof. Due to the nature of internet communications and evolving technologies, we disclaim and cannot provide assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

Credit Card Security: Oriental Art Invest does not take or retain credit card information directly. Any credit card information submitted will be done through our third party financial providers and will be governed by their terms and conditions.

Other Important Privacy Information

Opting Out of Communications:

If you wish to stop receiving marketing or promotional communications or to opt out of use of your information for the purposes described in this Privacy Policy, please follow the opt-out instructions, such as clicking "Unsubscribe" (or similar opt-out language), in those communications. You can also contact us here to opt-out. Despite your indicated email preferences, we may send you service-related communications, including notices of any updates to our terms of service or this policy. Please understand that you will not be allowed to opt–out of certain communications required to comply with applicable laws, rules, and regulations or other legal and related notices concerning your relationship to the Platform.

Changing or Deleting Information:

All users may review, update, correct, or delete the user's Personal Data that Oriental Art Invest has on file by contacting us here or, in certain cases, by accessing your member account. If you request, we will take reasonable steps to remove your name and other Personal Data from our databases. Please understand, however, that:

  • it may be impossible to remove this information completely, due to IRS and regulatory reporting requirements, investments on the platform and the rights thereof, and data backups and records of deletions;
  • if you request deletion of your information, you will be unable to use certain features of the Platform and any associated Services; and
  • certain Personal Data may remain in our databases following the deletion of your account pursuant to our data retention policy.

Incident Response:

In the event of a purported data breach or inclusion, we will investigate and endeavor to notify any affected individual in writing (including by email) within seventy-two (72) hours of detection of any Personal Data. This notice will provide, at a minimum, a description of the event, the type(s) of information that was affected, Oriental Art Invest’s mitigation response, and information for any individual on how to further protect their Personal Data.

Data Retention:

We retain the information we collect for as long as you use the Services (including your ownership of artworks in Oriental Art Invest entities) or as necessary to fulfill the purposes for which it was collected, provide our Services, resolve disputes, establish legal defenses, enforce our agreements and comply with applicable laws. We may retain information that is otherwise deleted in anonymized and aggregated form, in archived or backup copies as required pursuant to records retention obligations or otherwise as required by law. We may retain an archived copy of your records as required by law or for legitimate business purposes.

Lost or Stolen Information:

You must promptly notify us if you become aware that any information provided by or submitted to the Platform is lost, stolen, or used without permission.

Right to Opt Out of Sharing:

You have the right to request to opt-out from your Personal Data being shared with unaffiliated third parties through a “Do Not Sell” request by contacting us here. Please note that you may not be able to opt out if the Personal Data is shared: (i) pursuant to a joint marketing arrangement with third-party service providers; (ii) in connection with maintaining and servicing customer accounts and effecting certain transactions; or (iii) in situations related to protecting against fraud, complying with certain legal and regulatory requirements and required consumer reporting.

Download or Access Your Personal Data on File:

You can ask us for a copy of your Personal Data, including a copy in machine-readable form, by contacting us here.

Children and Teens:

Due to federal law (as reflected in the Children's Online Privacy Protection Act), WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 18 YEARS OLD TO PARTICIPATE IN OUR PLATFORM OR SERVICES. YOU MUST BE AT LEAST 18 YEARS OLD TO USE OUR PLATFORM AND SERVICES. Please understand that we cannot necessarily tell if a user is providing us with his or her true age. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us here. We will delete such information from our files within a reasonable amount of time.

Changes to this Privacy Policy:

Each time you visit our Platform or use our Services, the current version of this privacy policy will apply. When you use our Platform, you should check the date of the last update to the policy (which appears at the top of the policy) and review any changes since the last version. Our business changes frequently and this policy is subject to change from time to time. Unless stated otherwise, our current policy applies to all information that we have about you. We may require you to affirmatively consent to a revised version of this policy as a condition of continuing to use the Platform and or our Services.

We Operate in the United States:

Oriental Art Invest is based in the United States. The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. Your Personal Data may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Data.

European Economic Area Residents

If you are an individual residing in the European Economic Area ("EEA"), we collect and process information about you only where we have legal bases for doing so under applicable EU laws, including the European General Data Protection Regulation ("GDPR"). The legal bases depend on the Services you use and how you use them. This means we collect and use your information only where:

  • We need it to provide you the Services, including to operate the Services, perform a contract with you, take necessary steps prior to performing a contract or at your request, provide customer support, and to protect the safety and security of the Services;
  • It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services, to personalize services you receive, and to protect our legal rights and interests;

You give us consent to do so for a specific purpose, or we need to process your data to comply with a legal requirement. If you have consented to our use of information about you for a specific purpose, you may change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you may object to that use though, in some cases, this may mean no longer using the Services. To do so, please contact us here.

As detailed above, in the event of a data breach, we will endeavor to notify you within seventy-two (72) hours of detection of a breach that we conclude poses significant risks to your rights and freedoms under the GDPR. You may also lodge a complaint with a supervisor authority in the EEA member state in which you reside.

Contact Us

If you have any questions about this policy, the practices of this Platform, or your dealings with this Platform, please contact us here.

Effective Date: May 30, 2023