POLICIES

A full copy of our policies and procedures are available upon request.

PRIVACY + COOKIES

Last reviewed 22/07/19

This Privacy Policy sets out how FerArts uses and processes data from our visitors, customers and supporters.

FerArts is committed to ensuring that your privacy is protected. We may change this policy from time to time by updating this page. You should check this page whenever visiting the website to ensure that you are happy with any changes.

As an organisation we have endeavoured to streamline our processes and handling of our visitors and customers data in order to hold ourselves accountable to this privacy policy. If you have any questions or queries about this policy please contact us here

What kind of information do we collect and process?

When browsing our website

We collect data using Google Analytics that tracks our visitors behaviour on our website which provides insight into ways we can improve the usability of the website. This information is also used for internal reporting purposes. Google Analytics uses cookies to track this information but Google Analytics is anonymised in accordance with GDPR.

Mailing List

In order to sign-up to our mailing list you only need to provide your email address. Using this you can update your subscription preferences at any time or unsubscribe all together. The option to do this is linked from every email you receive from us.

Booking Events

In order to book a place on an event or attend an exhibition you will be required to provide more information including your name, email and billing address.

Memberships

When buying a membership for yourself or on another’s behalf you will be required to provide your Name, Postal Address, Billing Address, Email Address, Telephone Number and Gift Aid Declaration. If you are purchasing a gift or joint membership you will also be required to provide the relevant details of the intended recipient.

Buying a Product Online

When buying a product online you will be required to provide your name, email address, delivery and billing address in order to fulfil your order.

Audience Agency Demographic Questions

When booking an event we ask additional demographic information in order to understand our audiences better. This information is used internally for reporting purposes and may be shared anonymously with the Audience Agency.

Submitting work to FerArts

When lending us material for exhibitions or related activities you will be asked for information about the content and authorship of the material

Visiting the galleries

When visiting the FerArts studio on Portobello Road, images of you may appear on closed circuit television cameras.

What do we use your personal data for?

We use your personal data, including any of the personal data listed above, for the following purposes:

We primarily use email as our main communication method. We offer the ability to tailor what we email you by updating your preferences. As standard we send a regular newsletter which generally features information about our current and upcoming exhibitions, talks and events, featured content and videos and relevant third party reciprocal marketing. The content and layout of our emails is subject to change and you are welcome to update your preferences or unsubscribe altogether as and when you wish. We don't share your information with any third parties.
Registering you for a talk, course or event. In order to book a place on any of our talks, events we require information including billing details in order to process transactions and book you a place
Administering membership requires personal information to be held about you and potentially a joint member related to you or a gift recipient.
When donating or becoming a member if applicable we will store a declaration for purposes of claiming gift aid on your behalf.
In order for the bookshop to fulfil your order
We also use stored data regarding memberships, bookings and donations to build a picture of our audiences and in the future provide tailored emails and offers to you
To develop new products and services and to review and improve current products and services
To comply with legal and regulatory obligations, requirements and guidance
To process any donations made to the FerArts
The website collects some anonymous information about you automatically as you move through the site. This information is used to help us monitor how you and other visitors use the site, allowing us to provide an improved service throughout the site.
We ask for demographic information specifically for reporting to Arts Council England as a National Portfolio Organisation to understand the visitors we are reaching.
We ask for information about work submitted to us for exhibition or sale for the benefit of the viewer or buyer
The CCTV system is installed for the safety of visitors and the security of the exhibited works. The footage is retained 3 months and then deleted, unless the footage is required for evidential purposes.

How we collect your data

We collect different information about you in a number of ways:

Information you give us

When you buy tickets, sign up to our newsletter, request marketing materials, give us feedback or make a donation, we will store the personal information you give to us such as your name, email address, postal address, telephone number and card details. We will also keep a record of your purchases and donations.

Automated technologies or interactions

As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.

Information from third parties

We occasionally receive information about you from third parties as set out below:

Analytics providers such as Google
Advertising networks such as Facebook
Search information providers such as Google AdWords

What are the legal grounds for our processing of your personal information?

Where we need to perform the contract we are about to enter into or have entered into with you (i.e. purchasing tickets)
Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.
Where we have your explicit consent before using your personal information in that specific situation.

Disclosure of your details to third parties

There are certain circumstances under which we may disclose your personal information to third parties. For instance to our service providers who process data on our behalf and on our instructions (for example our ticketing and CRM software providers). We require all third parties to respect the privacy of your personal information and to treat it in accordance with the law. In order to process physical mail-outs we will provide information to a third party mailing house. As a third party contractor we have insured that they are GDPR compliant.

We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.

How and when can you withdraw your consent?

Where we’re relying upon your consent to process personal data, you can withdraw this at any time by contacting us here.

For how long is your personal information retained by us?

Depending on the level of information we hold on you and the purposes of holding that information will determine how long we retain data for.

We will be introducing automated processes in due course that will anonymise data if you should be classed as “inactive” for a certain number of months. This means that if you don’t attend an event or open an email we will remove your personal information from our system. This means that while the recorded statistics about our attendees and marketing are kept the personal information that could be associated to them won’t be.

For financial and other reporting for processes such as Gift Aid we may be legally obliged to retain your information and declaration for a set period.

What are your rights under data protection laws?

Here is a list of the rights that all individuals have under data protection laws. They don’t apply in all circumstances. If you wish to use any of them, we’ll explain at that time if they are engaged or not.

The right to be informed about the processing of your personal information
The right to have your personal information corrected if it is inaccurate and to have incomplete personal information completed
The right to object to processing of your personal information
The right to restrict processing of your personal information
The right to have your personal information erased (the “right to be forgotten”)
The right to request access to your personal information and to obtain information about how we process it
The right to move, copy or transfer your personal information (“data portability”)

You have the right to complain to the Information Commissioner’s Office which enforces data protection laws: ico.org.uk.

Your right to object

You have the right to object to certain purposes for processing, in particular to data processed for direct marketing purposes and to data processed for certain reasons based on our legitimate interests. You can contact us using the information below to exercise these rights.

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and other procedures to safeguard and secure the information we collect online.

A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are.

A cookie will typically contain the name of the domain from which the cookie has come, the 'lifetime' of the cookie, and a value, usually a randomly generated unique number.

Managing cookies

Most web browsers allow you to control the cookies stored on your computer through your browser’s settings. To find out more about cookies, including how to see what cookies have been stored and how to manage and delete them, visit www.allaboutcookies.org

Removing or disabling cookies

You may choose to remove or block cookies at any time by adjusting your browser settings, but in some cases, this may impact your experience of our website.

PRIVACY

TERMS OF USE

These terms and conditions will apply to your access and use of our website at www.ferarts.org By using our website, you accept that you will be bound to the terms and conditions of use in full. If you do not agree to any of these terms and conditions, you must not access, use and/or contribute to our website. If you have any questions about these terms and conditions, you can contact us using the details set out below.

The Board of Non Executives of the FerArts operates www.ferarts.org. Our principal place of business is at FerArts. 281 Portobello Road. London W10 5TZ. If you have any questions please contact us.

FerArts may change these terms from time to time so we recommend that you should check them regularly. We will always state at the bottom of these terms the date on which they were last updated and/or amended. Your continued use of www.ferarts.org will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website.

Data Sharing

FerArts complies with all applicable UK and EU data protection legislation in force in respect of any personal information you submit to us. The personal details you submit to us will only be used for the specified purposes indicated to you and will not be passed onto unauthorised third parties without your explicit consent. You can contact us to amend or remove any information you submit to us, or ask us to remove all of your personal information. Our Privacy Policy provides further information on your legal rights and how to exercise these.

Disclaimers and limitation of liability

The majority of content posted in FerArts Communities is user generated. The views expressed are those of the user and unless specifically stated are not those of FerArts. FerArts is not responsible for any content posted by members of the public on www.ferarts.org or for the availability or content of any third party sites that are accessible through www.ferarts.org Any links to third party websites from www.ferarts.org do not amount to any endorsement of that site by FerArts and any use of that site by you is at your own risk.

FerArts content, including the information, names, images, pictures, logos and icons regarding or relating to FerArts, its products and services (or to third party products and services), is provided "as is' and on an 'as available' basis. To the extent permitted by law, FerArts excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. FerArts does not guarantee the completeness or performance of the website or any of the content. While we try to ensure that all content provided by FerArts is correct at the time of publication no responsibility is accepted by or on behalf of FerArts for any errors, omissions or inaccurate content on the website.

Nothing in these terms limits or excludes FerArts liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, FerArts shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of www.ferarts.org regardless of the form of action.

FerArts does not warrant that functions available on www.ferarts.org will be uninterrupted or error free, that defects will be corrected, or that www.ferarts.org or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

COPYRIGHT + PHOTOGRAPHY

Website content that is FerArts copyright may be reproduced for the non-commercial purposes of research, private study, criticism and review, or for limited circulation within an educational establishment (such as a school, college or university). The following uses of FerArts copyright content are also permitted, except where other terms apply:

Reproducing FerArts copyright content, and FerArts owned copyright expired artworks, for non-commercial research, private study, criticism, review and collaborative projects or for the purposes of teaching and instruction within an educational establishment. Where any artworks are published, the source of the content must be identified and the copyright status of the content acknowledged, e.g. ‘Title, Artist, Date of Work, Photo: © FerArts, London [current year]’
Limited quotation of FerArts copyright texts or transcripts, for non-commercial research, private study, criticism and review, or use within an educational establishment, with due acknowledgement and citation. Where any text content is published, the author and/or source of the content must be identified and the copyright status of the content acknowledged, e.g. ‘©FerArts, London [current year]’
Reproducing FerArts copyright content for the purposes of an educational examination, by a recognised UK exam authority
Downloading FerArts copyright audio and video content for non-commercial offline listening or viewing
Downloading and printing of FerArts copyright learning content, and whiteboard resources, for non-commercial educational use
Embedding links to FerArts audio and video content, where embedding is offered
Reusing content published under a Creative Commons licence under the terms of the licence specified
Embedding or loading FerArts news feeds (RSS)

However, the following acts are not permitted in respect of any of the content featured on FerArts website:

Reproduction of website content for commercial purposes, or any rental, leasing or lending of content obtained or derived from the website
Any use of the FerArts logo, brand identities or FerArts trademarks without prior consent from FerArts.
Any considerable public dissemination, display or hosting of website content via any third-party platforms, including without limitation, the substantial or repeated extraction and/or storage of FerArts website content in any retrieval system, or inclusion in any other computer program or work
Reproduction of FerArts website content on any social media platforms, except where other terms allow
Inaccurate or distorted reproductions, colour treatments, alterations or adaptations of website content, except where other terms allow
Publication of any unauthorised translations or transcriptions of website content, except where other terms allow
False attribution of authorial or copyright credits, and the removal of any FerArts metadata from digital file formats
Unauthorised text/data mining of website content and metadata

NON-COMMERCIAL USE

FerArts would usually regard the following uses of FerArts imagery as non-commercial activity:

Use in free educational lectures and classes;
Use on an individual or group’s website discussing the artwork in question;
Use on websites that are primarily information-led, research-oriented and obviously non-commercial in nature,
Use on personal social media accounts, provided the individual is not promoting themselves commercially.

Statutory exceptions to copyright also apply in certain situations. It is the user’s responsibility to satisfy themselves that an exception (such as fair dealing criticism and review, quotation, or reporting a current event) applies.

COMMERCIAL USE

Creative Commons defines commercial use as “reproducing a work in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation”.

As well as obviously commercial activities such as merchandise production, use of FerArts images editorially in films and on TV, in publications that are sold, in advertisements and commercial promotions, FerArts would usually regard the following uses of FerArts imagery as commercial activity:

Use online or in print by commercial organisations, including (for the avoidance of doubt) trading arms of charities;
Use on an individual’s website in such a way that adds value to their business, or for promotional purposes, or where offering a service to third parties;
Use of images by university presses in publications online or in print;
Use in publicity and promotional material connected with commercial events;
Unsolicited use of images by news media, including front covers and centre-page spreads;
Use in compilations of past examination papers;
Use by commercial galleries and auction houses.

Under charity law, conflicts can arise when one charity is seen as assisting another. Therefore FerArts needs to treat other charities (and their trading arms) as if they were ‘commercial’ organisations.

SOURCING IMAGES FROM THE FERARTS WEBSITE

FerArts is committed to providing online access to as many of the works in its collection and archive as possible, via the FerArts website.

FerArts actively develops agreements with copyright holders and other licensing agents for the artists they represent. Whilst these agreements enable FerArts to illustrate artworks, the permissions do not extend to any other party, unless specified. However, many artworks are readily available as reproductions:

To view free online
To purchase as postcards and posters
To order as framed prints
To license, purchase and download high-resolution digital files for commercial use at FerArts Images
Commercial enquiries about other FerArts content (e.g. text, video or design work) should be emailed to hello@ferats.org

Please note that the further reproduction of artworks, or any other images or content, made available by FerArts may constitute an infringement of copyright. It is therefore your responsibility to investigate and obtain permission from copyright holders or their agents before publishing such content.

VISITOR PHOTOGRAPHY

Photography in the main galleries is allowed for personal, non-commercial purposes only. It is the visitor’s responsibility to ensure no copyright is infringed. The use of flash and tripods is prohibited.
Photography is permitted in some exhibitions. Please see notices in each exhibition.

LEGAL NOTICE

If you are a rights holder and are concerned that you have found material on this website for which you have not granted permission (or is not covered by a copyright exception under the UK Copyright, Designs and Patents Act 1988) please contact FerArts in writing stating the following:

Your contact details
The full details of the material’s creator
The exact and full web address (URL) where you found the material
Proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or are an authorised representative.