Terms of website use

These terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website, leafuchs.com, (“our site”), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Information about us

Our site is operated by Lea Fuchs (“We”). The site showcases the original artworks of the artist Lea Fuchs and sells the original artworks by direct links or third patry vendors. Lea Fuchs is the owner of this website.

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site you are in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Limitation of our liability

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Acceptable Use Policy

Prohibited uses:

You may use our site only for lawful purposes. You may not use our site:

In any way that breaches any applicable local, national or international law or regulation.

In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

For the purpose of harming or attempting to harm minors in any way.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.

Not to access without authority, interfere with, damage or disrupt:

• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Privacy Policy

We value your business and we know your privacy is important to you. Accordingly, we have implemented this Privacy Notice to inform you of the information that we collect from you when you visit this website leafuchs.com, what we do with it and how you can exercise your privacy rights.

What personal information do we collect

Information you provide to us:

Certain parts of our site may ask you to provide personal information voluntarily: for example, we ask you to provide your name, contact details and payment details in order to purchase a product from us or to set up an online account, or your email address to sign up to receive a newsletter and/or to submit enquiries to us.

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.

Information that we collect automatically

When you visit our site, we may collect certain information automatically from your device. Specifically, the information we collect automatically may include information like your IP address, browser-type, the URL of the previous web site you visited, your ISP, operating system and other technical information. We may also collect information about how your device has interacted with our site, including the pages accessed and links clicked.

Collecting this information enables us to better diagnose problems with our server and to administer our site, as well as understand the visitors who come to our site, where they come from, and what content is of interest to them. This information aids us in merchandising and in developing the design and layout of the site. Some of this information may be collected using cookies and similar tracking technology, as explained further under the heading ‘Cookies and similar tracking technology’ below.

What we do with your personal information

Under no circumstances do we rent, trade or share your e-mail address with any other company for their marketing purposes without your consent. We may use the information we collect through our site for a number of reasons, including to:

• provide, operate, optimize and maintain the site and our products and services;
• process, fulfill and provide updates on orders;
• set up online accounts;
• where it is in accordance with your preferences send you marketing communications we think you’ll find valuable, and if you take advantage of special offers made by our marketing partners, send your details to our marketing partners (with your consent);
• provide customer support, deal with your online enquiries and requests, and to provide you with information and access to resources or services that you have requested from us;
• to improve our ability to serve you relevant ads across the Internet for products that will be more interesting to you, we may provide your personal information to our advertising agents that use your information solely for our advertising purposes. You may, from time to time, receive information (including by email or postal mail) from us about new features, new services and special offers we think you’ll find valuable;
• improve the layout, navigation and content of our site;
• identify any server problems or other IT or network issues;
• compile aggregated statistics about customer traffic patterns and site usage to better understand the preferences of our visitors; and
• carry out other legitimate business purposes, such as to improve our products and services, as well as other lawful purposes about which we will notify our users and clients.

We will only process personal information in ways that are compatible with the purpose we collected it for, or for the purposes you later authorize. Before we use your personal information for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt-out.

Who we share information with

We may share and disclose your personal information to other third parties in the following circumstances:

Within the leafuchs.com site for the purposes outlined in this Notice.

To vendors and other third party service providers who require access to your personal information to assist in the provision of the site, our products and services, and other business-related functions. For example, we may partner with one or more credit card processing companies to assist us in processing your payment. We partner with third parties that offer credit checks services that review credit worthiness of certain users to manage our risk and help us to avoid sending out orders to users that cannot afford to pay. We occasionally work with third party vendors or galleries for the purpose of selling artwork. We may also work with third party service providers to assist us providing targeted email campaigns, assemble and prepare personalized offers and/or make particular product or purchase recommendations. However, those companies do not retain, share, store, or use personal information for any secondary purposes.

We may also disclose your information to third parties: (a) where required by law or regulatory requirement, court order or other judicial authorization, (b) in response to lawful requests by public authorities, including for the purposes of meeting national security and law enforcement requirements; (c) in connection with the sale, transfer, merger, bankruptcy, restructuring or other reorganization of a business; (d) to protect or defend our rights, interests or property, or that of third parties; (e) to investigate any wrongdoing in connection with the Website or our services; (f) to protect the vital interests of an individual.

To an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Notice;

To any other person with your consent.

Legal basis for processing your personal information (EEA visitors/customers only)

If you are a visitor/customer located in the European Economic Area (“EEA”), our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. We will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate business interests. In some cases, we may also have a legal obligation to collect personal information from you.

If we ask you to provide personal information to comply with a legal requirement or to enter into a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our legitimate interests, we will make clear to you at the relevant time what those legitimate interests are.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the ‘How to contact us’ heading below.

Cookies and similar tracking technology

Like all web sites, we use ‘cookies’. Cookies are bits of information that are stored on your computer by your web browser. Although our cookies don’t store any of your personal information, they do allow us to do things like keep items in your shopping cart between visits or during the same visit or provide you with a more personalized user experience.

Whether you want your web browser to accept cookies or not is up to you. The ‘Help’ portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to be notified when you receive a new cookie, or how to disable cookies altogether. You can also disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-ons settings or visiting the website of its manufacturer.

However, because cookies allow you to take advantage of some of features and services, we recommend that you leave them turned on. For instance, if you block our cookies, you will not be able to add items to your cart, proceed to checkout, or use any services that require you to sign in. If you have not changed your computer’s settings, most likely your browser already accepts cookies.

We use a third-party service provider to serve ads on our behalf across the Internet and sometimes on our Website. They may collect anonymous information about your visits to our Website, and your interaction with our products and services. They may also use information about your visits to this and other web sites to target advertisements for goods and services.

This anonymous information is collected by a pixel tag, which is industry standard technology used by most major web sites. No personal information is collected or used in this process. They do not know your name, phone number, address, email address, or any personally identifying information about the user. You can read more about online marketing practices and the technologies that support them by visiting the Network Advertising Initiative’s website by clicking here.

International data transfers

Your personal information may be stored and processed by us in any country where we have facilities or where we engage service providers, and your personal information may therefore be transferred to countries outside of your country of residence, including the U.S., which may have different data protection rules to those of your country. Where we do so, our collection, storage and use of your personal information will be in accordance with the purposes set out in this Notice.

Specifically, we may transfer your personal and non-personal information to leafuchs.com

EU-U.S. and Swiss-US Privacy Shield

When transferring any personal information from the EEA and Switzerland to the U.S., leafuchs.com to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, as set forth by the U.S. Department of Commerce.

If leafuchs.com has received your personal information in the U.S. and subsequently transfers it to a third-party agent or service provider for processing, and such third party agent or service provider processes your personal information in a manner inconsistent with the Privacy Shield Principles, leafuchs.com remains responsible under the Privacy Shield unless we can prove we are not responsible for the event giving rise to the damage.

You can direct any questions or complaints about the use or disclosure of your personal information to us at art@leafuchs.com. We will investigate and resolve any complaints or disputes regarding the use of personal information within forty-five (45) days of receiving your complaint.

leafuchs.com has further committed to cooperate and comply with the panel of European data protection authorities (EU DPAs) and the Swiss Federal Data Protection and Information Commissioner (Swiss FDPIC) in the resolution of any Privacy Shield complaints. If you have an unresolved Privacy Shield complaint that we have not addressed satisfactorily, please contact your local EU DPA or the Swiss FDPIC, as applicable. The contact details of the EU DPAs can be found here.

You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances. To find out more about the Privacy Shield’s binding arbitration scheme please see privacyshield.gov.

For information on how to request access, rectification or deletion of your personal information if it is inaccurate or processed in violation of the Privacy Shield, see the section below on “Your data protection rights”.

How we protect your information

The security of your personal information is very important to us.

For purchases made online with credit cards, we work with third party payment processors and do not store your credit card number for any amount of time, and our employees do not have access to this information. We do not store PIN data or 3-digit security codes.

We use appropriate technical and organizational security measures to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore we cannot guarantee its absolute security.

Your data protection rights & choices

You have the following rights:

If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided under ‘How to contact us’ heading below. You can correct many of the details in your account by logging in to your account.

You have the right to complain to a data protection authority about our collection and use of your personal information. Contact details for data protection authorities in the EEA, Switzerland and certain non-European countries (including the US and Canada) are available here.

You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” link in the marketing e-mails we send you. Alternatively, please contact us at art@leafuchs.com. Please include your complete name, e-mail address and mailing address. Note that it may take up to three business days to remove you from our marketing lists and after this point you may still receive customer service related communications from us.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

How we link to other web sites

Our site contains links to websites, third party plug-ins (such as social media sharing buttons) operated by other companies. We are not responsible for the privacy practices of such other websites. We encourage you to be aware when they leave our site and to read the privacy notices of such other websites. This Notice applies solely to information collected by our site.

Data retention

We will retain your personal information for the period necessary to fulfil the purposes outlined in this Notice unless a longer retention period is required or permitted by law, for legal, tax or regulatory reasons, or other lawful purposes.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Children’s privacy

Our services are intended for users ages 18 and older. Accordingly, we will not knowingly collect or use any personal information from persons that we know to be under the age of 18. In addition, we will delete any information in our database that we know originates from a child under the age of 18.

Changes to our Privacy Policy

If we change our Privacy Policy, we will post a new version on our Website, which will become effective when posted. The new policy will apply to all current and past users of the Website and will replace any prior policies that are inconsistent with it. We encourage you to check this page regularly to ensure you are up to date with any changes.

How to contact us

If you have any questions or concerns regarding the use or disclosure of your personal information, you can contact us by clicking here, or by sending an email to art@leafuchs.com.

Please note that for the purposes of EU data protection legislation, leafuchs.com is the controller of your personal information in respect to interactions with and purchases made from our European sites.

Updated January 25, 2021