This Privacy Policy governs the collection, processing, use, storage, retention, transfer, protection and, where applicable, deletion of personal data, technical data, operational information and any other elements of information processed by ArtFi, its applications, interfaces, systems, digital platforms, marketplaces, websites, integrations, technological infrastructure and related functionalities (hereinafter, the “PLATFORM”), operated by the corresponding owning entity (hereinafter, “ARTFI”).
This Privacy Policy forms an integral part of the Terms and Conditions governing the use of the PLATFORM and shall be construed jointly with them, as well as with any legal notice, operational guideline or supplementary document made available by ARTFI to the user (hereinafter, the “USER”) by electronic means. Access to, navigation of, registration on, uploading of content to, acquisition or disposal of assets through, participation in digital functionalities of, or any interaction with the PLATFORM implies the USER’s express, free, informed and unconditional acceptance of this Policy.
ARTFI shall be responsible for the processing of information under the terms of this Policy and undertakes to safeguard its confidentiality, integrity and availability through the implementation of reasonable technical, administrative and organizational measures. The processing shall include both information provided directly or indirectly by the USER, as well as information generated as a result of the use of the PLATFORM, including data derived from interaction with other users, third-party service providers, technological systems or, where applicable, digital infrastructures linked to digital assets.
For legal purposes, ARTFI may designate as its address the one indicated in its Terms and Conditions or any address communicated electronically.
The processing of information shall be carried out in accordance with applicable law, including, without limitation, the Federal Law on Protection of Personal Data Held by Private Parties (Mexico), as well as, where applicable, the General Data Protection Regulation (GDPR) of the European Union and any other applicable provisions.
The USER acknowledges that, due to the digital and potentially international nature of the PLATFORM, the processing of information may involve multiple jurisdictions, including those in which users, servers, technology providers or markets in which assets are offered are located.
ARTFI may process information consisting of identification and contact data provided by the USER, such as name, email address, username, digital profiles or any other information necessary for the creation and administration of accounts; information related to the USER’s participation in the PLATFORM, including listings, assets, acquisitions, transactions, activity history and behavior within the system; technical data such as IP address, device, operating system, browser, technical identifiers, access logs and security events; information derived from interactions between users within the marketplace or digital environment; as well as any other information voluntarily provided by the USER through forms, support channels or communications.
Where the nature of the services requires it, ARTFI may process additional information necessary for transaction validation, regulatory compliance or fraud prevention, including verification or compliance-related information, strictly to the extent necessary.
Information shall be processed to enable access to, registration on and use of the PLATFORM; manage user accounts; facilitate interaction between users, including the publication, promotion, acquisition or disposal of assets; process transactions carried out within the PLATFORM; maintain operational traceability, internal records and technical support; detect, prevent and mitigate fraud, improper conduct or breaches; improve, optimize and develop the PLATFORM; comply with legal, regulatory or contractual obligations; and issue operational, technical or service-related communications.
Additionally, ARTFI may use information in aggregated, dissociated or anonymized form for statistical, analytical, commercial or product development purposes, without directly identifying the USER.
The processing of information is based on the performance of the legal relationship arising from the use of the PLATFORM, the legitimate interest of ARTFI in ensuring the operation, security and continuous improvement of the service, compliance with legal or regulatory obligations and, where applicable, the USER’s consent.
The USER acknowledges that certain information provided may be visible to other users within the PLATFORM, depending on the nature of the marketplace or digital environment, including listings, profiles, assets or shared content.
ARTFI shall not be responsible for the use that other users may make of such information when it has been voluntarily published by the USER.
ARTFI may share, transfer or disclose information to third parties, within or outside the USER’s jurisdiction, where necessary for the operation of the PLATFORM, including technology service providers, payment processors, infrastructure providers, cybersecurity services, support services, professional advisors or competent authorities.
Under no circumstances shall ARTFI sell the USER’s personal data.
ARTFI implements reasonable technical, administrative and organizational measures to protect information against damage, loss, alteration, destruction or unauthorized access, in alignment with international security standards.
However, the USER acknowledges that no system is completely secure, and therefore ARTFI does not guarantee the absence of vulnerabilities beyond its reasonable control.
The USER may exercise the rights available under applicable law, including access, rectification, erasure, objection, restriction or portability with respect to the information processed by ARTFI.
Information shall be retained for as long as necessary to fulfill the purposes described herein, as well as to comply with legal, regulatory or defense obligations.
Information may be transferred, stored or processed across different jurisdictions in accordance with the operational, technical or corporate needs of ARTFI, implementing reasonable safeguards.
The USER consents to such transfers.
The PLATFORM may use cookies and similar technologies for authentication, security, analytics and user experience improvement purposes.
ARTFI may modify this Privacy Policy at any time, with such modifications becoming effective upon publication or notification by electronic means.
Continued use of the PLATFORM shall constitute acceptance of such modifications.
This Privacy Policy, as well as any processing of information or dispute arising therefrom, shall be governed by and construed in accordance with the federal laws of the United Mexican States, excluding any conflict of law provisions.
Any dispute shall be finally resolved by arbitration administered by the International Chamber of Commerce (ICC), with seat in Mexico City, in the English language, in accordance with its applicable Rules.
Notwithstanding the foregoing, ARTFI may seek interim or injunctive relief before competent judicial authorities.
The USER acknowledges the international nature of data processing and assumes responsibility for compliance with any laws applicable to them.
