Privacy Policy

The Modigliani Initiative, Inc. (referred to in this policy as “The Modigliani Initiative”, “we”, “our” or “us”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy.  This Privacy Policy describes how we collect, use, protect and disclose information collected about individuals (referred to in this policy as “you” or the “user”) who (i) visit or engage with us via the Modigliani Initiative website available at https://www.modigliani-initiative.org/ (the “Site”) or (ii) visit, engage with us or create an account through, or otherwise use, our digital publication the “Modigliani Catalogue” located at https://www.modigliani-initiative.org/catalogue (the “Catalogue” and together with the Site, the “Platform”).  This Privacy Policy is incorporated into and is subject to our Terms and Conditions (the “Terms”).

This Privacy Policy only applies to information collected via the Platform and is not intended to fully describe the Modigliani Initiative’s privacy practices.  It does not, for example, apply to information collected offline or through any website operated by any third party, even if such website is linked to or accessible from our Platform.  By visiting or providing information through the Platform, including the creation of an account in connection with the Catalogue, you consent to the privacy practices described in this Privacy Policy.  Please read this Privacy Policy in its entirety.  If you do not agree with the terms of this Privacy Policy, please do not use our Site or create a Catalogue account.

1. What Categories of Personal Information Do We Collect?

We collect, process and maintain several types of information, some of which may constitute Personal Information, from and about users of the Platform.  “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular person, but does not include any information that is publicly available or that is aggregated or de-identified (as such terms are defined under applicable data protection laws).

The types of Personal Information we collect depends on how you choose to interact with our Platform.  For instance, if you choose to create an account in connection with the Catalogue, we will require different information than if you simply browse the Platform for informational or educational purposes. As a general matter, we may collect the following categories of Personal Information about you in connection with your use of our Platform only when you voluntarily choose to provide them to us, including:

  • Identifiers, such as your name, email address, organization name, or other similar identifiers;

  • Any other Personal Information provided by you, including information you submit through forms on the Platform (for example, through our contact form) or in communications you send to us;

  • Account credentials, such as a username and password, if you register for a Catalogue account.

Additionally, we may automatically collect certain information about you through online technologies when you visit our Platform that may also constitute Personal Information; such information may include:

  • IP address or other device address or ID;

  • The type of browser, operating system or equipment used to access our Platform;

  • Usage details, such as the date and time you visited our Platform, the Internet address of the site from which you linked to our Platform, the links you follow from our Platform, pages viewed, and other analytics related to how you use and view the content we provide via our Platforms; and

  • General activity information as part of our and our Service Providers’ (as defined below) fraud-prevention programs.

2. From What Sources Do We Collect Personal Information?

A. Information you provide to us:

We collect the Personal Information you voluntarily choose to provide through the Platform, such as when you register for a Catalogue account, bookmark artworks, or contact us or request information about us or the Platform, whether by email or other means.

B. Information we automatically collect:

When you visit our Platform, or use a third-party website that interacts with our Platform, we may automatically receive and record certain information from your computer, web browser, or mobile device that may constitute Personal Information (as further described above).

For example, when you use our Platform, we may send one or more cookies (which are small text files containing a string of alphanumeric characters) to your computer or mobile device to recognize your web browser, help analyze our web page flow, customize our content, measure effectiveness and/or promote trust and safety.  We may also use the analytics tools of Squarespace, Inc. (“Squarespace”) or a similar service that uses cookies to help us analyze how users access and use our Platform.  That use may be subject to the Squarespace Terms of Service and Squarespace Privacy Policy.

Please note that if your browser permits, you may configure your browser to refuse or delete cookies, or to alert you when cookies are being sent.  Please consult the corresponding instructions of the manufacturer for more detailed information on the actual procedure. If you choose to turn off cookies, however, some parts of our Platform may not function properly.  Even if you block or delete cookies, not all of the tracking that we have described in this Privacy Policy will stop.

Do Not Track Disclosure.  Third parties such as advertising networks, analytics providers and widget providers may collect information, including Personal Information, about your online activities over time and across different websites when you access or use our Platform.  Currently, various browsers offer a “Do Not Track” option, but there is no standard for how “Do Not Track” should work on commercial websites.  Due to lack of such standards, our Platform does not respond to “Do Not Track” consumer browser settings.

3. How Do We Use the Personal Information We Collect?

We may use the Personal Information we collect about you for the following purposes:

  • To operate, administer, and maintain your Catalogue account, including storing the notes that you provide in connection with your bookmarked artworks and making such notes accessible to you.

  • To provide you with information you request from us or to fulfill any other purposes for which you provide such information.

  • To contact you for administrative purposes such as account recovery or to notify you of changes to our Platform, our policies or our services.

  • To: (a) personalize our services, such as your information so that you will not have to re-enter it during your visit or the next time you visit our Platform and/or (b) improve our services, including to detect and improve fraud detection and information security.

  • For any other purpose for which we have your express consent.

  • For any other purpose we may describe to you when you provide such information.

Additionally, we or our Service Providers (as defined below) may use non-identifying information (including aggregated data) about your use of our Platform to understand and analyze the usage metrics and trends and preferences of our users, to monitor, analyze the effectiveness of or otherwise improve our Platform, and to improve fraud detection and information security, without restriction.

4. To Whom and For What Purpose Do We Disclose Your Personal Information?

We may disclose Personal Information that we collect or you provide as described in this Privacy Policy (whether directly or automatically) to the following categories of third parties for the enumerated processing activities:

  • To our third-party service providers, including database and website operators, analytics providers, hosting providers and other third-party service providers (the foregoing “Service Providers”), to provide catalogue/website development, hosting, data storage, maintenance, legal, advisory and other services for us.

  • To third parties as permitted or required to do so by applicable law or regulation or in the good-faith belief that such action is necessary to take precautions against liability; to comply with various reporting obligations; to protect ourselves and our other users from fraudulent, abusive, or unlawful uses or activity; to protect the security or integrity of the Platform; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to comply with state and federal laws; or in response to a court order, judicial or other government subpoena or warrant.

  • To a buyer or other successor in the event of a divestiture, merger, consolidation, or asset sale, whether as a going concern or in the unlikely event of a bankruptcy or similar proceeding.

  • To any other third party in any way we may describe to you when you provide such information, to fulfill any other purposes for which you provide such information or for any other purpose with your consent or at your direction.

Additionally, we may disclose aggregated information about our users, and information that cannot independently be used to identify any individual, without restriction.

5. Your Choices

You have choices about how you interact with us and what information you share. In addition to the cookie controls described above, you may decline to share certain information with us, in which case we may not be able to provide certain features and functionality of our Platform. For example, the Catalogue can only be accessed by creating an account, which requires you to provide certain Personal Information.

6. Controller; Lawful Bases for Processing

We will be the controller of Personal Information (or “Personal Data,” as that term is used in certain jurisdictions) that is provided, collected and/or processed pursuant to this Privacy Policy, except where otherwise expressly stated in this Privacy Policy or in a separate agreement.

Where required by applicable law, we will process your Personal Information only if we have a lawful basis for doing so. Our lawful bases may include, depending on the context: (a) consent (for example, where you choose to submit information through our forms); (b) necessity to perform services you request and to operate the Platform; and (c) our legitimate interests such as administering, personalizing, improving, and securing the Platform; responding to your inquiries; complying with legal obligations; resolving disputes; enforcing our agreements; and protecting against fraudulent, harmful, unauthorized, or illegal activity.

7. Data Subject Rights

Depending on where you live, you may have certain rights with respect to your Personal Information. Please note that in some circumstances we may not be able to fully comply with your request (for example, if we need to verify your identity, if a request is not permitted by law, or if we must retain certain information for legal or operational reasons). To make a request, please contact us using the contact form at https://www.modigliani-initiative.org/contact.

  • Access: request information about, and a copy of, the Personal Information we hold about you.

  • Rectification: request that we correct or update inaccurate or incomplete Personal Information.

  • Objection: object to certain processing of your Personal Information.

  • Erasure: request that we delete some or all of your Personal Information.

  • Restriction: request that we restrict further processing of your Personal Information.

  • Portability: where applicable, request a copy of your Personal Information in a machine-readable format, and/or request that we transmit it to another entity where technically feasible.

  • Withdrawal of consent: where we rely on consent, you may withdraw consent at any time.

  • Right to file a complaint: you may have the right to lodge a complaint with a supervisory authority.

Accessing, Updating, or Deleting Your Personal Information. You may request access to, correction of, deletion of, or (where applicable) portability of Personal Information you have provided to us by contacting us using the contact form available at https://www.modigliani-initiative.org/contact. We may need to verify your identity before processing certain requests. We may not accommodate a request if we believe fulfilling it would violate any law or legal requirement, impair the rights of another person, or cause the information to be incorrect. If you request deletion or portability of your Personal Information and that information is necessary for services you requested, our legitimate business purposes, or legal or contractual requirements, we will honor the request only to the extent we are able to do so.

The California Shine the Light Law: California Civil Code Section 1798.83, (“Shine the Light Law”) permits California residents to opt out of the disclosure of their personally identifiable information to third parties for marketing purposes at any time.  Please note that we do not disclose your personally identifiable information to third parties for marketing purposes, so no opt-out is needed.

8. Our Commitment to Children’s Privacy

Protecting the privacy of young children and minors is especially important.  For that reason, we do not allow children under 18 years of age to use our Platform, we do not knowingly collect or maintain information from persons under 18 years of age, and no part of our Platform is directed to persons under 18 years of age.  If you are under 18 years of age, then please do not use or access our Platform at any time or in any manner.

If you discover that a child under 18 years of age has provided us with information, please alert us at info@modigliani-initiative.org.

9. Our Commitment to Data Security

We use safeguards designed to protect the integrity and security of your Personal Information. However, no security measures are perfect or impenetrable, so we cannot ensure or warrant the security of any information you transmit to us through our Platform, and you do so at your own risk. You are responsible for keeping your Personal Information secure. We also cannot guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of any of our safeguards or by other means. We are not responsible for circumvention of any privacy settings or security measures contained on our Platform.

If you create an account on the Catalogue section of the Platform, you are responsible for maintaining the confidentiality of your account credentials, including your password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account.

Data Retention. To the extent and for the period permitted by applicable law, information you submit to us through the Platform (for example, via your registration to access the Catalogue) and certain information collected automatically as described in this Privacy Policy may be retained as reasonably necessary for the purposes described in this Privacy Policy. These might include retention periods:

  • Mandated by law, contract, or similar obligations applicable to our operations;

  • To preserve, resolve, defend, or enforce our legal or contractual rights; or

  • To maintain adequate and accurate business and financial records.

10. Privacy Practices of Third Parties

The Platform may contain links to third-party websites, products, and services. Information collected by third parties is governed by their privacy practices and is not subject to this Privacy Policy. We are not responsible for how third parties collect, use, disclose, distribute, or maintain Personal Information. If you visit a third-party website linked from the Platform, you do so at your own risk. We encourage you to learn about the privacy practices of those third parties before providing them with information. The Modigliani Initiative expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Data by third parties.

11. Important Notices to Non-U.S. Residents

The Site is operated in the United States. If you are located outside of the United States, please be aware that information you provide to us will be transferred to, stored in, and processed in the United States. By using the Platform or providing information through the Platform, you consent to this transfer.

12. Changes and Updates to this Privacy Policy

We reserve the right to make changes to this Privacy Policy at any time.  If we make any material change to this Privacy Policy, we will post the updated Privacy Policy and indicate at the top of the Privacy Policy when it was last updated.  Please revisit this page periodically to stay aware of any changes to this Privacy Policy.  If you disagree with our Privacy Policy modifications, you may choose not to use or access our Platform.

13. Governing Law and Jurisdiction

This Privacy Policy and any dispute arising out of or related to this Privacy Policy or your use of the Site will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Except where prohibited by applicable law, you agree that any legal action or proceeding arising out of or related to this Privacy Policy or the Site will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

14. Our Contact Information

Please contact us with any questions or comments about this Privacy Policy at info@modigliani-initiative.org or using the contact form available at https://www.modigliani-initiative.org/contact.

The Modigliani Initiative
40 Signal Road
Stamford, CT 06902