Legal

Privacy & Cookie Policy

How Artoficial collects, uses, and protects your personal data.

This Privacy and Cookie Policy informs you about how Artoficial processes your personal data when you use the Artoficial platform located at https://artoficial.pro/ (the "Platform"). The Platform is an online marketplace for the sale and resale of original artworks, including all account features, artwork listings, purchases, offer negotiations, and in-platform messaging.

The controller of your personal data is Artoficial OÜ, a legal entity established in accordance with Estonian laws ("Artoficial"). Artoficial processes personal data in accordance with applicable law, including Regulation (EU) 2016/679 (the "GDPR").

Please read this Privacy Policy carefully before creating an account, submitting data, or using Artoficial's services. Please also read the Terms and Conditions.

Contact details

NameArtoficial OÜ
Registry code16029922
AddressSaue 6-1, 10612 Tallinn, Estonia
E-mailinfo@artoficial.pro

1. What personal data does Artoficial collect?

Artoficial collects personal data in the following categories, depending on how you use the Platform:

Account registration data

When you create an account, we collect your legal name (first name, middle name if provided, and last name), your chosen display name or artist name (if different from your legal name), your email address, your country of residence, and your chosen password (stored in hashed form — we never store your password in plain text). Your legal name is used solely for identity verification, commission agreements, and legal documentation. It is never displayed publicly on the Platform. Your display name or artist name is shown on your public profile and artwork listings.

Artist profile data

If you register as an artist, we additionally collect your biography, the country where you are based, and any optional YouTube or video link you choose to provide. This information is displayed publicly on your artist profile.

Artwork data

When you upload an artwork, we collect the artwork title, medium, dimensions, year of creation, description, uploaded images, pricing type and price (or formula parameters), and the sequence number assigned at upload. This information is displayed publicly on the artwork's listing page.

Purchase and transaction data

When you make a purchase, we collect your billing name and address, shipping address, payment confirmation data (processed by our payment provider, Stripe — we do not store full card details), the artwork purchased, the price paid, the date and time of purchase, and the applicable commission tier at the time of sale.

Offer and negotiation data

When you participate in the Make An Offer system, we collect the offer amounts submitted, counter-offer amounts, any messages exchanged during the negotiation, timestamps, and the outcome (accepted, declined, countered, or expired). Offer details are private between the parties involved and are not shown publicly.

In-platform messaging data

When you use the Platform's messaging system to communicate with other users, we collect the content of messages sent and received, timestamps, and the identities of the sender and recipient. Messages are private between the parties and are not shown publicly. All communications must take place within the Platform — Artoficial may review messages where there is reason to believe a violation of the Terms and Conditions has occurred.

Follower and following data

We record which artist accounts you follow and which users follow you. Follower counts are public. The specific identities of individual followers are not publicly displayed, though they are stored by Artoficial.

Technical and usage data

When you use the Platform, we automatically collect certain technical data including your IP address, browser type and version, operating system, referring URL, pages visited, and time spent on the Platform. This data is used to maintain and improve the Platform and is not used to identify you individually unless required for fraud prevention or legal compliance.

Customer support data

If you contact Artoficial for support, we collect the content of your communications and any information you provide in the course of resolving your query.

2. How does Artoficial collect personal data?

We collect personal data directly from you through the following means:

  • Creating an account on the Platform
  • Uploading artworks or editing your artist profile
  • Making a purchase or initiating checkout
  • Submitting or responding to offers through the Make An Offer system
  • Sending or receiving messages through the Platform's messaging system
  • Contacting Artoficial by email or through the Platform's support channels
  • Subscribing to notifications or email updates
  • Interacting with the Platform generally (technical and usage data collected automatically)

We do not purchase or obtain personal data from third-party data brokers. Payment data is processed directly by Stripe; Artoficial receives only a payment confirmation and does not have access to full card numbers or other sensitive payment credentials.

3. Why does Artoficial process personal data?

Artoficial processes personal data on the following legal bases:

Performance of a contract (Article 6(1)(b) GDPR)

The majority of data processing is necessary to perform the contract between you and Artoficial — including account registration, artwork listings, purchases, delivery, commission agreements, and resale processing. Without this data it is not possible to use the Platform's core functions.

Legal obligation (Article 6(1)(c) GDPR)

Artoficial is required by law to retain certain data, including accounting records, invoices, and transaction histories. We retain this data for the periods required by applicable law regardless of any request to delete it.

Consent (Article 6(1)(a) GDPR)

Where we process data on the basis of your consent — for example, sending you optional email newsletters or marketing updates about the project — we will ask for your consent separately and clearly. You have the right to withdraw consent at any time. Withdrawal of consent does not affect the lawfulness of processing that took place before withdrawal.

Legitimate interests (Article 6(1)(f) GDPR)

Artoficial processes certain data on the basis of legitimate interests, always balancing those interests against your rights and freedoms. Legitimate interests include:

  • Maintaining the integrity of the project archive, which requires retaining records of Artwork ownership for as long as each Artwork is in circulation, in order to honour resale royalty obligations to original artists
  • Fraud detection and prevention
  • Improving and maintaining the Platform
  • Enforcing the Terms and Conditions, including investigating suspected off-platform transactions
  • Communicating with users about their account activity, purchases, and offers

4. Where is personal data stored and processed?

Artoficial processes your personal data within the European Union and European Economic Area. Our core infrastructure is hosted on Vercel (hosting) and Supabase (database and authentication), both of which provide services with appropriate data protection commitments.

Where data is transferred to a third country outside the EEA, Artoficial implements appropriate safeguards in accordance with GDPR requirements (such as Standard Contractual Clauses) and ensures that your rights remain protected.

Artoficial takes the security of your personal data seriously. We implement appropriate technical and organisational measures to protect against unauthorised access, loss, misuse, and alteration of data. These include encrypted data transmission (HTTPS), hashed password storage, access controls, and regular security reviews.

5. How long does Artoficial retain personal data?

Artoficial does not retain personal data for longer than is necessary to fulfil the purposes for which it was collected, subject to legal obligations.

Account and profile data

Retained for the duration of your account and for 3 years following account closure or the expiry of any active contracts or agreements.

Transaction and purchase data

Retained for as long as the commission agreement remains in force — which, as set out in the Terms and Conditions, is for the lifetime of the Artwork — plus any additional period required by applicable law. This is necessary to maintain the integrity of the project archive and to honour the resale royalty obligations to original artists.

Accounting and financial records

Retained for 7 years in accordance with Estonian accounting law.

Offer and messaging data

Retained for 3 years from the date of the relevant offer or message, unless the data forms part of a concluded transaction, in which case it is retained as part of the transaction record.

Technical and usage data

Retained for up to 12 months unless required for ongoing fraud investigations.

Marketing and newsletter data

Retained until you withdraw consent or unsubscribe.

6. To whom does Artoficial transfer personal data?

As a general rule, Artoficial does not sell or transfer your personal data to third parties for their own purposes. Personal data is shared only where necessary and with the following categories of recipients:

Payment processing

Stripe, Inc. processes payment card data on our behalf. Stripe operates under its own privacy policy and is certified under applicable payment security standards (PCI DSS). Artoficial does not receive or store full card details.

Hosting and infrastructure

Vercel and Supabase provide the technical infrastructure on which the Platform operates. They process data as data processors on Artoficial's behalf under appropriate data processing agreements.

Email delivery

Resend (or equivalent email service provider) is used to send transactional emails such as order confirmations, offer notifications, and account verification emails. These providers process email addresses and message content solely for delivery purposes.

Shipping and logistics

DHL or equivalent courier services receive the buyer's name and delivery address for the purpose of delivering purchased Artworks.

Legal and regulatory authorities

Artoficial may be required by law to disclose personal data to public authorities, courts, or regulators upon a legitimate and lawful request.

All third-party processors are bound by data processing agreements and are not permitted to use your data for any purpose other than the specific service they provide to Artoficial.

7. Your rights

Under the GDPR, you have the following rights in relation to your personal data:

Right of access

You have the right to receive a copy of the personal data Artoficial holds about you and information about how it is processed.

Right to rectification

You have the right to request correction of inaccurate or incomplete personal data. You can update most profile information directly through your account settings.

Right to erasure

You have the right to request deletion of your personal data where there is no longer a legal basis or legitimate need to process it. Please note that this right is not absolute — we cannot delete data we are legally required to retain, or data that is necessary to fulfil active contractual obligations (including the commission agreement).

Right to restriction of processing

You have the right to request that Artoficial restricts processing of your data in certain circumstances, for example while a dispute about accuracy is being resolved.

Right to data portability

You have the right to receive your personal data in a structured, machine-readable format and to transmit it to another controller, where technically feasible and where processing is based on consent or contract.

Right to object

You have the right to object to processing based on legitimate interests. Artoficial will cease processing unless there are compelling legitimate grounds that override your interests.

Right to withdraw consent

Where processing is based on consent, you may withdraw that consent at any time without affecting the lawfulness of processing prior to withdrawal.

To exercise any of these rights, please contact Artoficial at info@artoficial.pro. We will respond within one month of receiving your request.

If you believe Artoficial has infringed your privacy rights, you have the right to lodge a complaint with the Estonian Data Protection Inspectorate (Andmekaitse Inspektsioon), available at www.aki.ee. You may also contact the supervisory authority in your country of residence within the EU.

8. Cookie Policy

8.1 What are cookies?

Cookies are small text files stored on your device by your browser when you visit the Platform. They allow the Platform to recognise your device and remember information about your visit — such as your login status and items in progress.

8.2 How to manage cookies

You can control and delete cookies through your browser settings at any time. You can configure your browser to refuse new cookies, to notify you when a cookie is set, or to delete all stored cookies. You can also activate your browser's "Do Not Track" function, which the Platform respects. Disabling certain cookies may affect the functionality of the Platform — in particular, disabling session cookies will prevent you from staying logged in or completing a purchase.

8.3 Cookies we use

Strictly necessary cookies

These cookies are essential for the Platform to function and cannot be switched off. They include:

  • Session cookies — maintain your login state while you use the Platform, remember the current state of offer negotiations and checkout progress, and ensure the 20-minute price lock timer functions correctly
  • Security cookies — protect the integrity and security of your session and payment process

Strictly necessary cookies do not require your consent as they are essential to the service you have requested.

Analytics cookies (with consent)

We may use anonymised analytics tools to understand how users navigate the Platform and to improve its functionality. These cookies collect aggregated, non-identifiable data about page visits, session duration, and navigation paths. We will ask for your consent before setting any non-essential analytics cookies.

Third-party cookies

If you interact with embedded content on the Platform — such as YouTube videos linked from an artist's profile — those third-party services may set their own cookies. Artoficial has no control over third-party cookies. We recommend reviewing the cookie and privacy policies of any third-party services you interact with. YouTube's privacy-enhanced embed mode is used where possible.

8.4 We do not use cookies for advertising

Artoficial does not use advertising cookies, tracking pixels, or behavioural advertising of any kind. Your data is not used to serve you targeted advertisements on the Platform or on third-party sites.

9. Children's data

The Platform is not directed at children under the age of 16. Artoficial does not knowingly collect personal data from anyone under 16. If you believe a child has provided us with personal data, please contact us at info@artoficial.pro and we will delete it promptly.

10. Updates to this Policy

Artoficial reserves the right to update this Privacy and Cookie Policy at any time. Material changes will be communicated to registered users by email or by a notice on the Platform. The updated policy will be published at artoficial.pro/privacy/. Continued use of the Platform after an update constitutes acceptance of the revised policy.

Artoficial OÜ · Registry code 16029922 · Saue 6-1, 10612 Tallinn, Estonia · info@artoficial.pro