Privacy Policy

Our Commitment to Privacy

Capsule is committed to maintaining user privacy on the Capsule Online Platform, accessed via any Capsule website, application, service, or tool, regardless of how you access or use them, including through mobile devices. This Privacy Policy explains how Capsule Gallery Inc and its affiliates (collectively “Capsule”, or “we”, or “us”, or “our”) collects, uses, and shares your personal information in connection with your use of the Online Platform and our services, and explains your choices for how we handle your personal information.

By creating an account, you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree to its terms and conditions, you should not use or access our Online Platform. By accepting the Privacy Policy, you expressly consent to our use and disclosure of your personal data in accordance with the Policy. The Privacy Policy is incorporated into and subject to the terms of any agreement you sign with Capsule and becomes applicable upon our acceptance of you as a registered user. If you have any additional questions about our Privacy Policy, please feel free to contact us at INFO@CAPSULEAUCTIONS.COM.

For the purposes of this Privacy Policy, the term “personal data” means any information that identifies you or which allows you to be identified when combined with other information.

Personal Data We Collect

If you choose to use our services, we may require collect, use, store, and transfer various categories of personal data about you.

Where possible, we indicate fields that are required and those that are optional. You are not required to provide data if you choose not to use a particular service or feature.

Data You Give Us

When you use our Online Platform, you may provide personal data through direct interactions such as completing forms.

• Account Data includes email address, username, and password.
• Profile Data includes first name, last name, address, and phone number.
• Financial Data includes credit card information used for Stripe, a third party payment processor that processes payments on our Online Platform. In performing its services, Stripe acts as both a data controller and data processor of your personal data. For any data processing operations where Stripe acts as a data controller, Stripe’s PRIVACY POLICY applies.
• Email Preference Data includes your preferences in receiving marketing from us.
• Communication Data includes personal correspondence sent via emails, letters, or messages sent through our Online Platform, including feedback and survey responses.

Data We Collect Automatically

When you use our Online Platform, we may automatically collect data about your usage and your device so we can better understand, protect, and improve our service for you and our community. We collect this personal data by using cookies, web beacons, unique identifiers, and other similar technologies.

• Usage Data includes data about your activities on our Online Platform such as clicks, bids, searches, auctioneers you follow, and browsing actions and patterns.
• Technical Data includes internet protocol (IP) address, location information, your login data, browser type and version, device type and model, device identifiers, app errors, and debugging info.
• Transactional Data includes records of transactions and payments related to items you purchase through our Online Platform.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Site feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any sensitive data about you, including race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, genetics, biometrics, health, sex life, or sexual orientation. We also do not collect data about criminal convictions or offenses.

Where possible, we indicate fields that are required and those that are optional. You are not required to provide data if you choose not to use a particular service or feature.

How We Use Your Personal Data

We may use your personal data for the following purposes:

• To fulfill contracts with you and facilitate the services you personally request
• To provide you customer support via various channels, including email, phone, and live chat
• To improve our content, layout, and product offerings
• To show you suggestions and targeted advertisements, including on other websites, based on your activities on the Online Platform
• To measure consumer interest in our products and services
• To inform you about online and offline offers, products, services, and updates
• To solicit feedback about your experience using our service
• To invoice you and collect money owed to us by you
• To resolve disputes
• To troubleshoot problems
• To detect and protect us against error, fraud, and other criminal activity
• To enforce compliance with our Terms & Conditions and applicable agreements, and to protect the rights and safety of our members and third parties, as well as our own
• To comply with our legal obligations, including keeping records, and comply with any duties in the context of criminal or other investigations by competent authorities

When We Share Your Personal Data

When Registering for Auctions or Placing Bids

Auctioneers may access your Profile Data and limited Transactional Data such as bid history during the auction registration process to decide whether you are able to bid in their auctions or to fulfill their contractual obligation to arrange shipping.

When Using Services Provided by Third Parties

When using your personal data for the purposes listed above, we may have to share your personal data with third parties. These services include:

• Payment processor Stripe to ensure safe payments when you win items on our Online Platform and choose to pay via Capsule Payments.
• Email service providers and push notification tools who support us in sending transactional and marketing or promotional messages.
• Service providers who provide customer service and sales support tools.
• Service providers who assist us in securing the Online Platform against fraud.
• Analytics partners who allow us to analyze Online Platform usage so that we may make it easier, safer, and quicker to use.
• Advertising partners to inform you about products and services on third party sites.

We require third parties acting as data processors to respect the security of your personal data and to treat it in compliance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

When Legally Required

We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Business Transfers

We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

How You Can Access, Manage, and Correct Your Personal Data

You can update the personal data associated with your account by visiting your ACCOUNT SETTINGS. You may also control the receipt of certain types of communications from Capsule in Account Settings. Some of these messages, such as transactional messages or legal notices, are required.

To delete or request a downloadable copy of your personal data from Capsule, contact us at INFO@CAPSULEAUCTIONS.COM. We may retain certain data as required by law or as necessary for our legitimate business purposes.

For EU Individuals – Your Legal Rights Under GDPR

You have the following rights under data privacy laws with respect to your personal data:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Request to restrict processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

To exercise any of your rights, refer to the section “How You Can Access, Manage, and Correct Your Personal Data” in the Privacy Policy or contact us at INFO@CAPSULEAUCTIONS.COM. You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available HERE.

Data Security

The security of your personal data is important to us. We use industry-standard technical and organizational practices and procedures to protect your personal data from unauthorized or unlawful processing, accidental loss, and destruction or damage. Additionally, we limit access to your personal data to employees and third parties who have a business need to know.

Data Retention

We will retain your data as long as your account is active, as necessary to provide you services. We will also retain and use this data as necessary for the purposes set out in this Privacy Policy and to the extent necessary to comply with our legal obligation, resolve disputes, and enforce our agreements and protect Capsule’ legal rights.

We also collect and maintain aggregated, anonymized, or pseudonymized data which we may retain indefinitely to protect the safety and security of our Online Platform, improve our Services, or comply with legal obligations.

International Transfers

Capsule is headquarted in the United States. Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in your jurisdiction. We will take all reasonable steps to ensure that your data is treated securely and in accordance with this Policy.

References to “personal data” in this Privacy Policy are equivalent to “personal data” governed by European Union data protection legislation. We use the following safeguards if Capsule transfers personal information originating from the European Union to other countries not deemed adequate under applicable data protection law:

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Policy you will be notified via email (if you have an account where we have your contact information) or another manner through the Service that we believe reasonably likely to reach you (which may include posting a new privacy policy on our Online Platform–or a specific announcement on this page or on our blog).

Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

Use of Our Online Platform by Children

Our Online Platform is not intended for children (persons under the age of 18), and we do not knowingly collect data about children. We ask that children do not submit any personal data. If you are under the age of 18, you may only use this Online Platform in conjunction with and under the supervision of parents or guardians.

Contact

If you have a question or complaint about this Privacy Policy, or if you would like to access, correct, amend, or delete any personal data, you can contact us at INFO@CAPSULEAUCTIONS.COM or by post to:

Capsule Auctions
508 W. 26th Street #4G
New York, NY 10001

Terms Updated 5/19/2021