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Terms of Use

1. ACCEPTANCE OF TERMS

Quality Art Auctions Inc., a California corporation (hereinafter referred to as “Qart”, “we”, “our” or “us”), provides this website, qart.com (the “Site”) and all related software, webpages, information (including User Accounts), documents, communications, files, images, art prints, paintings and photographs sold or auctioned on the Site, text, graphic and software (collectively, the “Materials”) and all art auction and other services operated on or through the Site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that we may publish from time to time (collectively, the “Terms of Use” or “Agreement”).

We reserve the right to change the Terms of Use, auction guidelines/rules, and other policies posted on our Site from time to time at our sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site, purchase of art through the Site or your participation in any auction through the Site will subject you to the most current version of the Terms of Use, rules, guidelines and policies. If you breach our Terms of Use, rules or policies, your authorization to use the Site, purchase art through the Site and participate in auctions on the Site automatically terminate.

We further reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Materials and/or Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Site, Materials and/or Services, even if such action results in your inability to complete/win an auction.

2. USERS & USER ACCOUNTS

This Site accommodates users who merely wish to browse the Site as well as Users who participate in auctions on the Site and who purchase art pieces through the site. You may browse the Site without creating a user account. However, participating in auctions on the Site requires that you create a user account (a “User Account”). You may create a User Account either by supplying the requested user information or by linking your User Account with another existing Online account that you may have with a differently approved Online service provider, such as Google’s Gmail.

By using the Site or setting up a User Account you agree:

(a) that you will not use a User Account that is created by another user;

(b) that you will supply only complete and accurate information in registering for a User Account;

(c) that you are solely responsible for the activity that occurs on and through your User Account, including all bids placed through your User Account;

(d) that you will keep your User Account password secured at all times; and

(e) that if your User Account has been compromised for any reason, you will immediately notify us of the security breach or unauthorized use of your User Account.

We reserve the right to (a) take appropriate legal action against anyone who violates these Terms of Use or any of our rules posted on the Site; (b) in our sole discretion without notice and without limitation or liability, refuse, restrict access to or availability of, or terminate any User’s Account for any reason, even if the deletion of a User’s Account will result in deletion of the User’s Account history.

3. INCORPORATION OF SITE RULES AND POLICIES

You are responsible for reviewing and becoming familiar with our rules and policies posted on the Site. These include our payment policies located at https://qart.com/paymentpolicies.aspx; our shipping policies located at https://qart.com/shippingpolicies.aspx and our return policies located at https://qart.com/returns.aspx (collectively, the “Policies”). We also provide general information and guidelines located at https://qart.com/faq.aspx (“Guidelines”). The Policies and Guidelines are hereby incorporated in to and made part of this Agreement. As noted above, these Policies and Guidelines may be changed from time to time and you will be bound by the latest version of such Policies and Guidelines.

4. INTELLECTUAL PROPERTY; LIMITED LICENSE

The Materials and Services on the Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws. In addition, the art prints, paintings and photographs sold or auctioned on the Site may be protected by copyright law. Unauthorized use of the Materials or Services on the Site may violate such intellectual property laws and these Terms of Use. Except as expressly provided herein, we do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, assign, distribute, or create derivative works based on the Site, the Materials or Services, except as authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

5. TRADEMARK INFORMATION

The trademarks, logos, and service marks, including the “QART” trademark (the “Marks”) displayed on the Site belong to us. You are not permitted to use the Marks without our prior written consent.

6. DIGITAL MILLENNIUM COPYRIGHT ACT

We are committed to complying with U.S. copyright laws. The Digital Millennium Copyright Act (“DMCA”) provides a recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed online. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, we will remove or block access to the allegedly infringing material, and may terminate the user’s Account as provided in this Agreement. If a person believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to us. In any event, we shall not be made a party to disputes over alleged copyright infringement.

If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, email address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to cs@qart.com. It is our policy to terminate Accounts of repeat infringers in appropriate cases.

7. USER CONDUCT & PROHIBITED ACTIVITIES

You may not access or use the Site for any other purpose other than that for which we make it available. In using the Site, including all Services and Materials available through it, you agree to not engage in any prohibited activities. Prohibited activity includes, but is not limited to:

(a) criminal or tortious activity;

(b) disrupting or interfering with the security of, or otherwise causing harm to, the Site or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site; and

(c) using the Site in a manner inconsistent with any applicable laws and regulations.

8. WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US, THE SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH IT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, UPDATED OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; AND (IV) ANY ERRORS IN THE SERVICES OR MATERIALS, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.

The use of the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your system, loss of data, or other harm that results from such activities. We assume no liability for any virus or other similar software code that is downloaded to your computer or mobile device from the Site or in connection with any Services or Materials offered through the Site.

Without limiting the foregoing, you agree that Qart shall not be liable for any disruptions to our Site that inadvertently terminate an open auction and any disruptions to our Site that prevents you from initially bidding or from increasing bids. In addition, we reserve the right to unilaterally and without users’ consent terminate auctions (including open auctions) if we, in our sole and absolute discretion, deem such action to be appropriate, necessary or fair, or to address any error or glitch in connection with the auction.

9. PERSONAL INFORMATION AND PRIVACY

You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Qart or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL QART OR ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY OF THE MATERIALS OR SERVICES (INCLUDING YOUR PARTICIPATION IN ANY AUCTION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

11. INDEMNITY AND LIABILITY

You agree to indemnify and hold Qart, and its subsidiaries, affiliates, shareholders, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your use of the Site in violation of these Terms of Use, or in violation of any rules or policies posted on the Site, (b) your violation of any rights of another person or entity, or (c) your violation of any applicable law, rule or regulation.

12. GOVERNING LAW, JURISDICTION

This Agreement is governed in all respects by the laws of the State of California without regard to conflict of laws provisions. SUBJECT TO THE REQUIREMENT TO SUBMIT TO ARBITRATION, BY ACCEPTING THIS AGREEMENT AND USING THE SITE, YOU ACCEPT AND CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA. THE PARTIES HEREBY WAIVE THEIR RIGHT TO A TRIAL BY JURY OF ANY CLAIMS OR CONTROVERSIES ARISING OUT OF THIS AGREEMENT OR THE USER’S USE OF THE SITE OR THE SERVICES PROVIDED BY OR THROUGH QART. IN ADDITION, ANY CONTROVERSY OR CLAIM SHALL BE LITIGATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY (INCLUDING, BUT NOT LIMITED TO, BY MEANS OF CLASS ACTION LAW SUITS).

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE (INCLUDING CLAIMS RESULTING FROM YOUR PARTICIPATION IN ANY AUCTION), THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY BINDING ARBITRATION BETWEEN YOU AND QART, EXCEPT THAT EACH PARTY RETAINS THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION IN LOS ANGELES COUNTY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A PARTY’S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. AS NOTED ABOVE, YOU ACKNOWLEDGE AND AGREE THAT YOU AND QART ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND QART OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. THIS “DISPUTE RESOLUTION” SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES (THE “AAA RULES”) THEN IN EFFECT. THE ARBITRATION PROCEEDINGS SHALL TAKE PLACE IN LOS ANGELES COUNTY, CALIFORNIA.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

13. GENERAL

The Terms of Use and the other rules, guidelines, licenses and disclaimers accessible through the Site constitute the entire agreement between Qart and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Qart to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

Last Updated: August 26, 2020

 

Privacy Policy for Non-California Residents

This Privacy Policy applies to users who are not residents of California. If you are a California resident, please click here for the additional terms contained in the Privacy Notice for California Residents.

This Privacy Policy discloses the privacy practices for the website located at qart.com (the “Site”) operated by Quality Art Auctions Inc., a California corporation (“Qart,” “us,” “we,” or “our”). We are committed to protecting your privacy online. Please read the information below to learn the following regarding your use of the Site:

1. What information do we collect from you?

2. Where do we collect information from you and how do we use it?

3. With whom do we share your information?

4. How can you update, correct or delete your Personally Identifiable Information?

5. What are your choices regarding collection, use and distribution of your information?

6. What security precautions are in place to protect against the loss, misuse or alteration of your information?

7. Do we use “cookies”?

By accessing or using our Site or submitting your information, you agree to be bound by all of the terms of this Privacy Policy.

We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an e-mail to the e-mail address listed by registered users or posting the revised Policy on this page or elsewhere on the Site. You acknowledge and agree that it is your responsibility to maintain a valid e-mail address as a registered user, review this site and this Policy periodically and to be aware of any modifications. Your continued use of the Site after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.

1. What information do we collect from you?

In order to better provide you with our services, we collect two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our Site.

Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. This information may include, for example, your first and last name, email address, physical address and IP address.

Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. This information is compiled and analyzed on an aggregated basis.

2. Where do we collect information from you and how do we use it?

We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you create an account on the Site, when you initiate communication with us and when you purchase art products through the Site.

In addition, we may also collect, or our third-party service providers may collect, certain Non-Personally Identifiable Information to diagnose problems with our systems/software and to gather demographic information.

We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices and regarding product or service offerings which we believe may be of interest to you. You will be given an opportunity to opt out of receiving promotional materials from us.

3. With whom do we share your information?

We do not sell, trade, or rent your Personally Identifiable Information to others. We may utilize the services of third parties and provide some of our services through contractual arrangements with affiliates, services providers and logistics partners, and to facilitate such arrangements we reserve the right to share with such third parties Personally Identifiable Information, provided that such third party agree to not share the information and use the information solely for the purpose of providing services to you and to Qart. While our Site does accommodate credit card payment processing, we do not hold any card information in our system; all such information when inputed is provided directly to our payment processor.

Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation, or if we reasonably believe that we are required to do so by law. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

4. How can you update or correct your Personally Identifiable Information?

We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information by sending an email request to cs@qart.com.

5. What are your choices regarding collection, use, and distribution of your information?

As noted above, we may, from time to time, send you e-mail regarding our products and services or about the services of affiliates or marketing/advertising partners. In addition, we may occasionally send you direct mail (including e-mail) about products and services that we feel may be of interest to you. You will have the ability to opt out of receiving such communications from us by following the instructions in such communications.

6. What security precautions are in place to protect against the loss, misuse, or alteration of your information?

Your Personally Identifiable Information is secure on the Site, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our users is of utmost concern to us. We encrypt your Personally Identifiable Information to prevent unauthorized parties from viewing such information when it is transmitted to us.

Unfortunately, however, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. Accordingly, and notwithstanding anything to the contrary, while our systems utilize industry-standard security measures, we will not be liable for security or data breaches that circumvent such security measures.

7. Do we use “cookies”?

When you use our Site we (or our third party service providers) may store cookies on your computer/device in order to facilitate and customize your use of our Site and to enable us to enhance our marketing efforts. A cookie is a small data text file, which a website stores on your device’s hard drive that can later be retrieved to identify you to us.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us by sending us an email to cs@qart.com.

Last Updated: August 26, 2020

 

Privacy Policy for California Residents

This Privacy Notice for California Residents supplements the information contained in the general Privacy Policy of Quality Art Auctions Inc., a California corporation (“Qart”, “we”, “us” or “our”) and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

Information We Collect

Our Website collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”).

We may collect “identifiers” of our Website visitors. For example, may collect your name, email address, phone number, physical address (for shipping purposes) and other information requested during the account registration and purchase/shipping process on our Website. Our Website obtains such personal information directly from you when you register for an account on the Website or otherwise provide your information on our Website.

Use of Personal Information

We may use the personal information we collect for one or more of the following purposes (the “Purposes”):

• To fulfill or meet the reason you provided the information. For example, if you win an auction, we will require you to provide us with your shipping address. Likewise, to enable you to participate in bidding, we will require you to create a User Account. Such information is collected to facilitate the purpose for which you access our Website.

• For marketing purposes. Specifically, by providing any information on our Website, you consent to us using that information to contact you in connection with offers or promotions we may have in the future. However, we will not sell or share your information with third party for their own promotional purposes. In addition, you will have an opportunity to opt-out of receiving such communications.

• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

• As described to you when collecting your personal information or as otherwise set forth in the CCPA.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose, such as our third-party service providers (for example, we may share your shipping address with our logistics partners to facilitate the shipping of purchased art to you). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Specifically, we may share (but do not sell) your personal information with the following categories of third parties:

• Service providers.

• Data aggregators.

• Social media companies.

• Internet cookie data recipients, like Google Analytics.

Sales of Personal Information
Your personal information is “sold” when it is shared with a third party for monetary or other valuable consideration for a purpose that is not a “business purpose” as set forth in the CCPA. We do not sell your personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.

• The categories of sources for the personal information we collected about you.

• Our business or commercial purpose for collecting or selling that personal information.

• The categories of third parties with whom we share that personal information.

• The specific pieces of personal information we collected about you (also called a data portability request).

• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

      • sales, identifying the personal information categories that each category of recipient purchased; and
      • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

• Debug products to identify and repair errors that impair existing intended functionality.

• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

• Comply with a legal obligation.

• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights
You may opt-out of or revoke any of the rights granted to us in connection with the continued collection and/or us of your personal information. To exercise the access, data portability, opt-out, revocation and deletion rights described above, please submit a verifiable consumer request to us by either: Emailing us at cs@qart.com, submitting a request online at https://qart.com/contacts.aspx or by calling us at (310) 405-6183.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. However, we may consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which the Company collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Website: https://qart.com/contacts.aspx

Email: cs@qart.com

Phone Number: 310-405-6183