PRIVACY POLICY

 

 

 

 

ART CONTINUM
Operated by The Akari Group LLC d/b/a Art Continum
www.artcontinum.com

Effective Date: 29th of October 2025
Last Updated: 12th of November 2025

 

1. INTRODUCTION

This Privacy Policy explains how The Akari Group LLC, a Delaware limited liability company doing business as ("d/b/a") Art Continum ("we," "us," "our," "Platform"), collects, uses, stores, and protects your personal information when you use our website and services.

Our Commitment: We are committed to protecting your privacy and handling your personal data in an open and transparent manner. This Privacy Policy complies with:

  • EU General Data Protection Regulation (GDPR)
  • California Consumer Privacy Act (CCPA)
  • Ghana Data Protection Act (Act 843)
  • Other applicable data protection laws

Contact Information:

  • Email: privacy@artcontinum.com (or info@artcontinum.com)
  • Address (US): 1111B S Governors Ave STE 40422, Dover, DE 19904, United States
  • Address (Ghana): Independence Avenue, Ridge, Mövenpick Ambassador Hotel Accra, Presidential Floor, Accra, Ghana

 

2. DATA CONTROLLER INFORMATION

Data Controller: The Akari Group LLC
Operating Name: Art Continum
Jurisdiction: Delaware, USA (with operations in Ghana)
DPO Contact: privacy@artcontinum.com

The Akari Group LLC operates in Ghana through its affiliated entity The Akari Group Limited (Ghana), which acts as LLC's agent for shipping coordination, local operations, and artist relations. Both entities handle your personal data in accordance with this Privacy Policy.

 

3. WHAT INFORMATION WE COLLECT

3.1 Information You Provide Directly

Account & Order Information:

  • Full name
  • Email address
  • Phone number
  • Shipping address (street address, city, state/region, postal code, country)
  • Billing address (if different from shipping)
  • Company name (optional)
  • VAT/Tax number (optional)

Payment Information:

  • Credit/debit card information (processed by third-party payment processors - see Section 7)
  • Billing address
  • Transaction history
  • Resale Transaction Information (Exclusive Artist purchases only): If you purchase artwork from an Exclusive Represented Artist and later resell it, you agree to provide: Resale price, New buyer contact information, Date of resale completion, Proof of sale documentation (if available). This information is collected to facilitate the 5% resale royalty payment to the original Artist as specified in our Platform Terms of Service Section 10.6.

Communications:

  • Emails you send us
  • Customer service inquiries
  • Feedback and reviews
  • Correspondence with artists (if applicable)

We do NOT collect:

  • Government ID numbers
  • Social Security numbers
  • Biometric data
  • Health information
  • Sensitive personal information (unless you voluntarily provide it)

Comments & User-Generated Content:

Name or display name (publicly visible) Comment text (publicly visible) IP address (collected automatically, not publicly visible) Date and time of comment (publicly visible) IMPORTANT: Comments are PUBLIC and visible to anyone visiting the Platform. Do not include personal information you wish to keep private in your comments. 

 

 

3.2 Information Collected Automatically

Technical Information:

  • IP address
  • Browser type and version
  • Device type (mobile, desktop, tablet)
  • Operating system
  • Time zone setting
  • Browser plug-in types and versions
  • Referring/exit pages
  • Date and time stamps
  • Clickstream data

Editorial Analytics:

 Pages viewed (Stories and News articles) Time spent on content Reading patterns and engagement metrics

 

Cookies and Tracking Technologies:

  • Session cookies (essential for checkout)
  • Analytics cookies (Google Analytics or similar - see Cookie Policy below)
  • No advertising or marketing cookies

3.3 Information from Third Parties

Payment Processors:

  • Transaction confirmation from Stripe, PayPal, etc.
  • Fraud prevention data

Shipping Carriers:

  • Delivery confirmation from DHL, Ghana Post, UPS
  • Tracking updates

We do NOT purchase data from data brokers or third-party marketing companies.

 

4. HOW WE USE YOUR INFORMATION

4.1 Legal Basis for Processing (GDPR)

We process your personal data based on the following legal grounds:

A. Contract Performance (GDPR Article 6(1)(b)):

  • Processing orders and payments
  • Shipping artwork to you
  • Providing customer service
  • Fulfilling our obligations under Platform Terms of Service
  • Administering resale royalty obligations for Exclusive Artist purchases

B. Legal Obligation (GDPR Article 6(1)(c)):

  • Complying with tax laws
  • Customs and export documentation
  • Fraud prevention and detection
  • Responding to law enforcement requests

C. Legitimate Interests (GDPR Article 6(1)(f)):

  • Improving our website and services
  • Analytics and understanding customer behavior
  • Protecting against fraud and security threats
  • Business administration
  • Maintaining records of resale royalty payments to protect Artist rights

D. Consent (GDPR Article 6(1)(a)):

  • Marketing communications (only if you opt-in)
  • Non-essential cookies

E. Public Interest / Freedom of Expression (GDPR Article 6(1)(e) / 6(1)(f)):

 Facilitating community dialogue through comments on Stories and News Fostering cultural discourse around African art Enabling public discussion of editorial content

 

 

4.2 Specific Purposes

We use your information to:

Order Fulfillment:

  • Process your purchase
  • Arrange shipping and delivery
  • Send order confirmations and tracking information
  • Handle returns and refunds
  • Verify authenticity claims
  • Resale Royalty Administration (Exclusive Artist purchases only): Track resale notifications from buyers, Process 5% royalty payments to original Artists, Maintain resale records for Certificate of Authenticity verification, Facilitate communication between reselling buyers and original Artists, Enforce resale royalty obligations as specified in Platform Terms Section 10.6

Customer Service:

  • Respond to your inquiries
  • Resolve disputes
  • Provide support

Legal Compliance:

  • Comply with tax and customs regulations
  • Maintain transaction records
  • Respond to legal requests
  • Detect and prevent fraud

Business Operations:

  • Analyze website usage and performance
  • Improve user experience
  • Maintain security
  • Internal record keeping

We do NOT:

  • Sell your personal information to third parties
  • Use your data for marketing without consent
  • Share your information for others' marketing purposes
  • Use automated decision-making or profiling that significantly affects you

 

Community & Editorial Engagement:

 Publish and display user comments on Stories and News content Moderate comments for policy violations Analyze engagement with editorial content (Stories and News) Improve editorial content based on reader interest Foster community dialogue around African art and culture Enforce comment guidelines and Terms of Service Section 19 PUBLIC NOTICE: All comments you post are publicly visible. Your name and comment text can be seen by anyone visiting the Platform. We recommend using a display name rather than your full legal name if you wish to maintain privacy.

 

5. HOW LONG WE KEEP YOUR DATA

Data Retention Periods:

Data TypeRetention PeriodReason
Order information 7 years Tax and accounting requirements
Payment records 7 years Financial record-keeping, fraud prevention
Shipping records 3 years Dispute resolution, warranty claims
Customer service emails 3 years Dispute resolution
Marketing consent records Until you withdraw consent + 3 years Legal proof of consent
Website analytics 26 months (Google Analytics default) Business intelligence
Security logs 12 months

Security and fraud prevention
Comments and user-generated content Indefinitely (or until you request deletion)

Community dialogue, platform content
Editorial analytics (Stories/News) 26 months

Content performance analysis

 

Comment Deletion: While comments are retained indefinitely as part of platform content, you may request deletion of your comments at any time by emailing privacy@artcontinum.com with the specific comment URL or text. We will delete within 30 days unless required to retain for legal purposes.

 

 Resale transaction records (Exclusive Artists only): Lifetime of artwork (Tracking perpetual resale royalty obligations that run with the artwork)

 

After Retention Period:

  • Data is securely deleted or anonymized
  • Backups are overwritten according to our backup schedule
  • We cannot recover data after deletion

Legal Holds:

  • We may retain data longer if required by law, legal proceedings, or regulatory investigations

 

6. WHO WE SHARE YOUR DATA WITH

6.1 Third-Party Service Providers

We share your personal information with trusted third parties who help us operate our business:

A. Payment Processors:

  • Stripe (payments): https://stripe.com/privacy
  • PayPal (payments - if applicable): https://www.paypal.com/privacy
  • Purpose: Processing credit card payments securely
  • Data Shared: Name, email, billing address, payment card information
  • Location: USA (with global operations)

B. Shipping Carriers:

  • DHL Express: https://www.dhl.com/privacy
  • Ghana Post
  • UPS (if applicable): https://www.ups.com/privacy
  • Purpose: Delivering your order
  • Data Shared: Name, phone, shipping address, order contents
  • Location: Ghana (origin), worldwide (delivery)

C. Cloud Hosting & Website:

  • Website Host: ArtLogic
  • Purpose: Website hosting and operation
  • Data Shared: All information you provide on the website
  • Location: UK & US

D. Analytics:

  • Google Analytics (if you use it): https://policies.google.com/privacy
  • Purpose: Understanding website usage and improving user experience
  • Data Shared: Anonymized usage data, IP addresses
  • Location: USA

E. Email Service:

  • Email Provider: Mailchimp & Private Email
  • Purpose: Sending order confirmations and transactional emails
  • Data Shared: Email address, name, order details
  • Location: US

F. Customer Support Tools:

  • Support Platform: Email & Phone
  • Purpose: Managing customer inquiries
  • Data Shared: Email correspondence, order information
  • Location: US

6.2 Legal Requirements

We may disclose your information if required by law:

  • Court orders or subpoenas
  • Law enforcement requests
  • Tax authorities
  • Customs and border control
  • Regulatory investigations
  • Protection of our legal rights

6.3 Business Transfers

If Art Continum is sold, merged, or acquired, your personal data may be transferred to the new owner as part of the business assets. We will notify you via email before this occurs.

6.4 Artists

If you purchase artwork, we may share limited information with the artist:

For Exclusive Artist Resales: If you resell artwork purchased from an Exclusive Represented Artist, you are required to notify both Art Continum and the original Artist of the resale. We will facilitate this communication and may share: New buyer contact information, Resale price, Date of sale, Proof of sale documentation. This is necessary to fulfill the 5% resale royalty obligation.

 

  • Your first name (or chosen display name)
  • General location (city/country, not full address)
  • Artwork purchased

We do NOT share your full contact details with artists unless necessary for commission projects or with your explicit consent.

6.5 No Data Selling

We do NOT sell, rent, or trade your personal information to third parties for marketing purposes.

 

7. INTERNATIONAL DATA TRANSFERS

Your Data May Cross Borders:

Primary Locations:

  • USA (Delaware) - The Akari Group LLC headquarters
  • Ghana - Art Continum operations and shipping
  • EU - If you're located in the EU and ordering from us

GDPR Safeguards for EU Customers:

When we transfer data from the EU to the USA or Ghana, we use the following safeguards:

  • Standard Contractual Clauses (SCCs) - Approved by EU Commission
  • Adequacy Decisions - For countries deemed adequate by EU
  • Legitimate Business Interests - To fulfill your order

Your Rights: You have the right to request information about the safeguards we use for international transfers.

 

8. YOUR RIGHTS

8.1 Rights for EU Customers (GDPR)

You have the following rights under GDPR:

1. Right to Access (Article 15):

  • Request a copy of all personal data we hold about you
  • Receive information about how we process your data

2. Right to Rectification (Article 16):

  • Correct inaccurate personal data
  • Complete incomplete data

3. Right to Erasure / "Right to be Forgotten" (Article 17):

  • Request deletion of your personal data
  • Exceptions: We may need to retain data for legal compliance or legitimate interests
  • Request deletion of your personal data Request deletion of comments you posted (unless required for legal purposes or freedom of expression) Exceptions: We may need to retain data for legal compliance, legitimate interests, or to preserve freedom of expression and information PUBLIC COMMENTS NOTE: Because comments are public contributions to community dialogue, we balance your right to erasure against freedom of expression and public interest. However, we will honor deletion requests except where we have compelling legitimate grounds to retain them.

4. Right to Restriction of Processing (Article 18):

  • Request we limit how we use your data
  • Applies in specific circumstances (e.g., disputing accuracy)

5. Right to Data Portability (Article 20):

  • Receive your data in a structured, machine-readable format
  • Transfer your data to another service

6. Right to Object (Article 21):

  • Object to processing based on legitimate interests
  • Object to direct marketing (we don't do this without consent)

7. Right to Withdraw Consent (Article 7):

  • Withdraw consent for marketing communications at any time
  • Does not affect lawfulness of processing before withdrawal

8. Right to Lodge a Complaint:

  • File a complaint with your local data protection authority
  • EU supervisory authorities: https://edpb.europa.eu/about-edpb/board/members_en

8.2 Rights for California Customers (CCPA)

You have the following rights under CCPA:

1. Right to Know:

  • What personal information we collect
  • Categories of sources
  • Business purposes for collection
  • Third parties we share with

2. Right to Delete:

  • Request deletion of personal information
  • Exceptions: Legal compliance, fraud prevention, transaction completion

3. Right to Opt-Out of Sale:

  • We do NOT sell your personal information
  • No opt-out needed

4. Right to Non-Discrimination:

  • We will not discriminate against you for exercising your rights
  • No denying services, charging different prices, or providing lower quality

5. Authorized Agent:

  • You may designate an authorized agent to make requests on your behalf

8.3 Rights for All Customers

Regardless of location, you can:

  • Request access to your data
  • Request correction of your data
  • Request deletion of your data (subject to legal exceptions)
  • Opt-out of marketing emails
  • Contact us with privacy questions

 

9. HOW TO EXERCISE YOUR RIGHTS

To submit a data request:

Email: privacy@artcontinum.com (or info@artcontinum.com)

Subject Line: "Data Request - [Your Name]"

Include:

  • Your full name
  • Email address used for orders
  • Order number (if applicable)
  • Specific request (access, deletion, correction, etc.)
  • Proof of identity (for security purposes)

Response Time:

  • GDPR (EU): Within 1 month (extendable to 3 months for complex requests)
  • CCPA (California): Within 45 days (extendable to 90 days)
  • General: We aim to respond within 30 days

Verification:

  • We may ask for additional information to verify your identity
  • This protects your data from unauthorized access

No Fee:

  • Requests are free
  • We may charge a reasonable fee for excessive or repetitive requests

 

10. DATA SECURITY

10.1 Security Measures

We implement industry-standard security measures:

Technical Measures:

  • SSL/TLS encryption for data transmission (HTTPS)
  • Encrypted storage of payment information (via payment processors)
  • Secure servers with firewall protection
  • Regular security updates and patches
  • Access controls and authentication

Organizational Measures:

  • Limited employee access to personal data (need-to-know basis)
  • Data processing agreements with third-party providers
  • Regular security training for staff
  • Incident response procedures

10.2 Your Responsibility

Protect Your Account:

  • Use a strong password (if we add user accounts in future)
  • Do not share login credentials
  • Log out from shared devices
  • Report suspicious activity immediately

10.3 No Absolute Security

Important: While we take reasonable measures to protect your data, no internet transmission or electronic storage is 100% secure. We cannot guarantee absolute security.

In Case of Breach:

  • We will notify you without undue delay
  • We will notify relevant authorities as required by law
  • We will take steps to mitigate harm

 

11. COOKIES AND TRACKING TECHNOLOGIES

11.1 What Are Cookies?

Cookies are small text files stored on your device when you visit our website. They help the website function properly and provide analytics.

11.2 Types of Cookies We Use

A. Essential Cookies (Always Active):

  • Session management (shopping cart, checkout)
  • Security and fraud prevention
  • Load balancing
  • Legal Basis: Necessary for contract performance
  • Cannot be disabled - website won't function without them

B. Analytics Cookies (Optional):

  • Google Analytics (if enabled)
  • Website usage statistics
  • Page view tracking
  • Stories and News engagement tracking (article views, reading time, popular content)
  • Legal Basis: Legitimate interest / Consent (EU)
  • Can be disabled via cookie banner

C. We Do NOT Use:

  • Advertising cookies
  • Social media tracking cookies
  • Cross-site tracking
  • Third-party marketing cookies

11.3 Cookie Consent (EU Customers)

When you visit our website:

  • You'll see a cookie banner
  • You can accept or reject optional cookies
  • Essential cookies are always active
  • You can change preferences at any time

11.4 How to Manage Cookies

Browser Settings:

  • Chrome: Settings > Privacy and Security > Cookies
  • Firefox: Settings > Privacy & Security > Cookies
  • Safari: Preferences > Privacy > Cookies
  • Edge: Settings > Privacy > Cookies

Opt-Out Tools:

  • Google Analytics Opt-Out: https://tools.google.com/dlpage/gaoptout

Note: Disabling cookies may affect website functionality.

11.5 Do Not Track (DNT)

We do not currently respond to "Do Not Track" browser signals, as there is no universal standard. However, you can manage cookies via browser settings.

 

12. CHILDREN'S PRIVACY

Age Restriction: Our services are not directed to children under 16 years old.

We do NOT:

  • Knowingly collect personal information from children under 16
  • Market to children
  • Allow children to create accounts

If We Learn of Child Data:

  • We will delete it immediately
  • We will notify the parent/guardian if possible

Parents: If you believe your child has provided us with personal information, contact us at privacy@artcontinum.com and we will delete it.

 

13. MARKETING COMMUNICATIONS

Transactional Emails (Cannot Opt-Out):

  • Order confirmations
  • Shipping notifications
  • Resale royalty reminders for Exclusive Artist purchases
  • Password resets (if applicable)
  • Customer service responses
  • Legal Basis: Contract performance

Public Nature of Comments When You Comment:

 Your name (or display name) is publicly visible Your comment text is publicly visible to anyone visiting the Platform The date/time of your comment is publicly visible Your comment may be indexed by search engines Your comment remains visible until you request deletion What is NOT Public: Your email address (we don't collect it for comments) Your IP address (collected for security but not displayed) Your full contact information Privacy Recommendations: Use a display name rather than your full legal name Do not include personal information in comments Do not share contact details in comments Remember that comments are permanent public records unless you request deletio

 

Marketing Emails (Opt-In Only):

  • We will NEVER send marketing emails without your explicit consent
  • You must opt-in (check a box) to receive promotions
  • You can unsubscribe at any time

How to Unsubscribe:

  • Click "Unsubscribe" link in any marketing email
  • Email us at info@artcontinum.com with "Unsubscribe" in subject
  • We will process within 10 business days

SMS/Text Marketing:

  • We do not currently send SMS marketing
  • If we do in future, we will obtain explicit consent

 

14. THIRD-PARTY LINKS

External Websites:

  • Our website may contain links to third-party websites (artist portfolios, social media, etc.)
  • We are NOT responsible for their privacy practices
  • Please review their privacy policies before providing personal information

Social Media:

  • If you interact with our social media pages, those platforms' privacy policies apply
  • We do not control how social media platforms use your data

 

15. CHANGES TO THIS PRIVACY POLICY

Updates:

  • We may update this Privacy Policy from time to time
  • Changes will be posted on this page with updated "Last Updated" date
  • Material changes will be notified via email (if we have your email)

Your Responsibility:

  • Review this policy periodically
  • Continued use after changes = acceptance

Version Control:

  • We maintain previous versions for reference
  • Contact us if you need a prior version

 

16. CALIFORNIA "SHINE THE LIGHT" LAW

California Civil Code Section 1798.83:

California residents can request information about personal information shared with third parties for direct marketing purposes.

Our Response: We do NOT share personal information with third parties for their direct marketing purposes. No request necessary.

 

17. NEVADA PRIVACY RIGHTS

Nevada Revised Statutes Chapter 603A:

Nevada residents can opt-out of the sale of personal information.

Our Response: We do NOT sell personal information. No opt-out needed.

 

18. ACCESSIBILITY

Commitment to Accessibility:

  • We strive to make our Privacy Policy accessible to all users
  • If you have difficulty accessing this policy, contact us for assistance in an alternative format

 

19. DISPUTE RESOLUTION

Governing Law: This Privacy Policy is governed by the laws of Ghana (consistent with our Platform Terms of Service).

Disputes: Privacy disputes are subject to the dispute resolution procedures in our Platform Terms of Service (negotiation, mediation, arbitration in Ghana).

Data Protection Authorities: EU customers may lodge complaints with their local data protection authority regardless of this clause.

 

20. CONTACT US

For Privacy Questions or Requests:

Email: privacy@artcontinum.com (or info@artcontinum.com)
Phone (Ghana): +233 55 138 7800
Phone (US): +1 (302) 257 6061

Mail:

  • US: The Akari Group LLC, 1111B S Governors Ave STE 40422, Dover, DE 19904, United States
  • Ghana: Art Continum, Independence Avenue, Ridge, Mövenpick Ambassador Hotel Accra, Presidential Floor, Accra, Ghana

Response Time: We aim to respond to all privacy inquiries within 5 business days.

 

SUMMARY OF KEY POINTS

What we collect: Name, email, address, payment info, technical data, resale transaction data (Exclusive Artists only), public comments (name + comment text + IP address)
Why we collect: To process orders, ship artwork, provide customer service, administer resale royalties
Who we share with: Payment processors, shipping carriers, website host - NOT marketers
Your rights: Access, delete, correct, object (varies by jurisdiction)
How to exercise rights: Email privacy@artcontinum.com
Data retention: 3-7 years for transaction records,  lifetime of artwork for resale records
International transfers: USA ↔ Ghana ↔ Worldwide (with safeguards)
Security: SSL encryption, secure servers, limited access
Children: Not directed to under-16s
Marketing: Opt-in only, easy unsubscribe
Cookies: Essential + optional analytics

Public comments: Visible to everyone, use display name for privacy
Sale of data: NEVER

 

© 2025 The Akari Group LLC d/b/a Art Continum. All rights reserved.

END OF PRIVACY POLICY