Privacy Policy

TABULA LLC, doing business as Marcel (“we,” “us,” etc.) understands that discretion is of paramount importance to our users. This Privacy Policy (“Policy”) describes our practices for collecting information through our Services, both online and offline. While we encourage you to read this Policy carefully, we should emphasize up-front that this business was not born of an interest in selling user data – in fact, very much the opposite. To that end, we will never sell Personal Information collected through our Services, nor do we lease, rent or otherwise disclose such Personal Information except as stated in this Privacy Policy or with your consent. By “Services,” we mean our website currently located at MarcelHQ.com, any successor websites, and any related software, databases, applications and services, including all data and information related to any of the foregoing, that we may from time to time make available, including offline services, together with our social media accounts and email messages that link to this Policy. By providing Personal Information to us, you agree to the terms and conditions of this Policy. Capitalized terms not defined in this Policy may have meanings provided in our Terms of Use.

Guiding Principles

While we strongly encourage you to read the entire Policy, which contains important details and a few exceptions, we maintain a set of guiding principles to inform our information collection, storage and processing policies:

• We do not treat your Personal Information as our product. Trust requires discretion.

• Your inventories and art and object collections are yours alone to share. Except as required by regulation or to facilitate a transaction, we believe information about users’ collections or inventories should not be made public, shared, or sold without a user’s express consent.

• While we do collect and process data, we do so only as needed to operate our Platform and its inventory, archival, presentation, and transaction functions. If we collect it for some other purpose, we will request your consent at the point of collection, except as noted below.

• For your most sensitive data - such as bank account information and identity verification documents - we further minimize our own access to such data by relying on industry-leading partners to collect, store, and process it on your behalf.

• Client identity information is private and cannot be disclosed or disseminated without consent except as required by regulation or where ordinarily disclosed to counterparts in transactions (such as where a collector is transacting an artwork without an agent or intermediary).

• Where Marcel records provenance we believe these records should follow industry privacy norms, with price history omitted and the identities of prior Artwork Owners kept anonymous unless they opt-in for specific disclosures.

• Where Marcel does have access to transaction information, such access must be limited to vetted team members on a ‘need-to-know’ basis only.

Personal Information

You may choose whether to provide Personal Information in connection with your use of the Services. If you choose not to provide the information we request, you may still visit and use parts of the Services, but you may be unable to access or use many features, and are ultimately responsible for the information you choose to provide.

Personal Information We May Collect

• Name

• Company Name

• Photos

• Image of identity verification document

• Postal address (including billing and shipping addresses)

• Telephone number

• Email address

• Credit and debit card number

• Personal information included in communications you send to us

• Social media account ID

• The fact that you are the Artist with respect to an Artwork

• The fact that you are or were the Owner of an Artwork

We may use third-party services to collect and process information on our behalf, for example to process payments or collect electronic signatures. When this occurs, it will be clear to you because either you will be directed to such a third party’s website for that purpose or that third party will be clearly identified. In those cases, the third party’s privacy policy will apply to the collection of that data instead of this Policy. Although we may obtain promises from such third parties as to how they will handle your information, ultimately we do not control, and cannot be responsible for, their collection, use and disclosure of your Personal Information. If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Policy.

How We May Collect Personal Information

We and our service providers may collect Personal Information in a variety of ways, including:

• Through the Services: We may collect Personal Information through the Services, e.g., when you sign up for updates, record or register an Artwork or upload artwork data, transfer an Artwork, make a payment or electronically sign a document.

• E-mail and Online Forms: We may collect Personal Information when you send us e-mails and through online forms that you complete.

• Offline: We may collect Personal Information from you offline, such as when you provide us with information over the phone or in person.

• From Other Sources: We may receive your Personal Information from other sources, such as public databases; joint marketing partners; social media platforms; from people with whom you’re friends or otherwise connected on social media platforms, as well as from other third parties.

How We May Use Personal Information

We may use Personal Information:

• To process your payments, communicate with you regarding your payments and provide you with related customer service.

• To send you communications about our products and services that we believe may be of interest to you.

• To personalize your experience on the Services.

• To facilitate user-initiated social sharing functionality.

• To allow you to send messages to another User through the Services. By using this functionality, you represent that you’re entitled to use and provide us with the other User’s name, email address, social media account ID or other information you provide.

• For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying the Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.

• As we believe to be necessary or appropriate:(a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public and government authorities; (d) to enforce our Terms of Use, this Policy and other online policies or contractual rights; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to detect, prevent, or otherwise address fraud or security issues; and (h) to allow us to pursue available remedies or limit the damages that we may sustain (collectively, “Regulatory & Security Purposes”).

How We May Disclose Personal Information

Your personal information may be disclosed:

• If you are an Owner, when you opt-in to identify yourself in an Artwork’s provenance.

• If you are an Owner, consignee, or otherwise authorized seller’s agent and you or your designated representative issue a sales offer for an Artwork to a potential Transferee, the potential Transferee and its Agents will receive your name and may also receive, at your election, artwork or provenance records that contain your name. In some cases, the Platform may allow you to redact your name from the abbreviated Certificate of Title and Authenticity. If your Agent is managing title to the Artwork on your behalf, the potential Transferee would receive the name of the Agent instead of your name.

• If you are an Artist, gallery or museum, to inform third parties that you have used the Services.

• If you are an Artist, to identify you as the creator of an Artwork if its Owner has elected to share their collection or that Artwork publicly.

• To our third-party service providers who provide services such as website hosting, data analysis, payment processing, electronic signature services, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services.

• By you, on message boards, chat, profile pages and blogs and other services to which you post information and materials (including, without limitation, through our social media accounts). Any information you post or disclose through these services will become public.

• When you voluntarily opt-in to provide information to be disclosed for a specific purpose, for such purpose only.

• To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), provided that such third party:(a) will be required to abide by the terms and conditions of this Policy; and(b) may not access, use or disclose your Personal Information, including information regarding which Artworks you own, without first obtaining your express consent:(i) for purposes unrelated to(A) the Platform’s title management, tracking, authentication, and transaction functions or(B) Regulatory & Security Purposes; or(ii) for purposes of marketing, sales outreach, data mining, or data harvesting.

• As we believe to be necessary or appropriate for Regulatory & Security Purposes.

Although an Artwork’s sale price (or Transaction Value) is not Personal Information, we will not disclose such information, but certain parties, e.g., Artists and other transaction beneficiaries (as defined in the Terms of Service), may be able to extrapolate such amounts based on their receipt of funds in connection with a Transfer. We may also respond to inquiries regarding whether an Artwork is registered on Marcel without disclosing any other information regarding such Artwork or its Artist.

Other Information

Other Information We May Collect" Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as:

• Browser and device information

• Information collected through cookies, pixel tags and other technologies

• Demographic information and other information that you provide

• Aggregated information

How We May Collect Other Information

We and our third-party service providers may collect Other Information in a variety of ways, including:

• Through your browser or device: Most browsers and devices collect certain information automatically, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, Internet Service Provider (ISP), date/time stamp, referring/exit pages and clicked pages. We use this information to ensure that the Services function properly.

• Using cookies: Cookies are small files stored directly on the device you’re using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation, display information more effectively, and to personalize your experience while using the Services, as well as for online tracking purposes. We can recognize your computer to assist your use of the Services. We also gather statistical information about the usage of the Services so we can continually improve the design and functionality of the Services, understand how the Services are used and resolve questions regarding the Services. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you’re on the Services. We may also use cookies in online advertising to track responses to our advertisements and we may use cookies or other files to track your use of other websites. If you don’t want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to All About Cookies. But if you don’t accept these cookies, you may experience some inconvenience in your use of the Services. For example, we may not be able to recognize your computer and you may need to log in every time you visit the applicable Services. You also may not receive advertising or other offers from us that are relevant to your interests and needs.

• Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of Users (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.

• IP Address: Your “IP Address” is a number that is automatically assigned to the computer that you’re using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever a User accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. We use IP Addresses for purposes such as calculating usage levels of the Services, helping diagnose server problems, and administering the Services.

• Third-Party Analytics: We use Google Analytics in connection with the Services to help us analyze the traffic on the Services. Click here for more information on how Google collects and processes information. You can manage certain aspects of Google’s collection of information from your browser by using this plugin.

• Physical Location: We may collect the physical location of your device by, for example, using satellite, cell phone tower or wi-fi signals. We may use your device’s physical location to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our platform vendors and marketing partners to enable them to provide you with more personalized content and to study the effectiveness of tools and advertising campaigns. In some cases, you may be permitted to allow or deny such uses or sharing of your device’s location, but if you choose to deny such uses or sharing, we and our marketing partners may not be able to provide you with the applicable personalized services and content.

• From you: We collect information such as your location, as well as other information, such as your preferred means of communication, when you voluntarily provide it. Unless combined with Personal Information, this information does not personally identify you or any other User.

• By aggregating information: Aggregated Personal Information does not personally identify you or any other User, (for example, we may aggregate Personal Information to calculate the percentage of our Users who have a certain zip code).

How We May Use And Disclose Other Information

We may use and disclose Other Information for any purpose, except where we are prohibited from doing so under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the same purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.

Third Party Services

This Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. We aren’t responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, developers, app providers, social media platform providers, operating system providers, wireless service providers or device manufacturers, including any Personal Information you disclose to other organizations through or in connection with our social media accounts.

Security

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Such measures include end-to-end encryption, staff privacy policies and training, and regular third-party security audits. If we experience a data breach, we will notify the affected parties within 48 hours of becoming aware of such breach. Unfortunately, no data transmission or storage system can be guaranteed to be completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.

Choices and Access

Your choices regarding our use and disclosure of your Personal Information

We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:

• Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by clicking on an unsubscribe link at the bottom of each email that you receive from us, or by responding to the emails directly and requesting removal if such a link isn’t available. Additionally, you may send a request specifying your communications preferences to support@MarcelHQ.com. You can’t opt out of receiving transactional emails related to your account with us or our Services, e.g., emails necessary to confirm your payment or electronic signature. Please note that even if you opt out of receiving the foregoing emails, we may still respond to your requests and send you administrative, maintenance and operational emails (for example, in connection with a password reset request).

• Receiving text messages or phone calls from us: Except as we describe in this Policy, our Terms of Use or our other terms and conditions, we won’t typically communicate with you by text message or phone call unless you provide us with your phone number and we need to contact you for transactional purposes.

We will try to comply with your request(s) as soon as reasonably practicable.

How you can access, change or suppress your Personal Information

If you’d like to review, correct, update, suppress, or delete Personal Information that you have previously provided to us, you may contact us as provided in the “Contacting Us” section below. In your request, please make clear what Personal Information you’d like to have changed, whether you’d like to have your Personal Information that you have provided to us suppressed from our database or otherwise let us know what limitations you’d like to put on our use of your Personal Information that you have provided to us. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable. We may need to retain certain information for recordkeeping purposes or to complete any transactions that you began before requesting such change or deletion (e.g., when you make a payment, you may not be able to change or delete the Personal Information provided until after the completion of such payment). There may also be residual information that will remain within our databases and other records, which will not be removed. Depending on where you live, you may have a right to lodge a complaint with a regulatory authority if you believe we have violated your rights in your Personal Information. But we encourage you to contact us first at support@MarcelHQ.com to give us a chance to address your concerns.

How We Respond to Do Not Track Signals

We don’t respond or take any action with respect to “do not track” signals or other mechanisms that allow consumers to choose regarding the collection of Personal Information about their online activities over time and across third-party websites or online services.

Use of Services by Minors

The Services are not directed to individuals under the age of 18, and we ask these individuals to refrain from providing Personal Information through the Services.

Cross-Border Transfer

The Services are controlled and operated by us from the United States, and aren’t intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.

Sensitive Information

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health or criminal background), nor otherwise unlawful or illegal content, on or through the Services or otherwise to us.

Updates to This Policy

We may change this Policy. Please take a look at the “Last Updated” legend at the top of this page to see when this Policy was last revised. Any changes to this Policy will become effective when we post the revised Policy on the Services. Your use of the Services following these changes means that you accept the revised Policy.