Soft Network
Privacy Policy

Last Updated: September 9, 2024 

1. INTRODUCTION.

This Privacy Policy (“Privacy Policy”) describes how Soft Network, Inc. and our parent, subsidiary, and affiliate companies (collectively, “Soft Network”, “we”, “us”, or “our”) use Personal Information (defined below) that we collect, receive, and store about each visitor, user, or customer, including, without limitation, artists and legacy entities (each, a “user,” and specifically you, “you” or “your”), of our owned and operated website, https://softnetwork.art, our Artists’ Foundations and Estate Leaders’ List listserv ( “AFELL”), and of our other affiliated websites, subdomains, mobile versions, applications (including mobile applications), and online media under our operation and control, as well as all backup, mirror, replacement, or substitute websites or webpages we make available as part of the services we provide (collectively, the “Service”), the use of which shall be subject at all times to the Terms of Use. 

We are committed to respecting the privacy and privacy rights of our users and recognize the need for appropriate protection and management of information that may be used, either alone or in combination with other information, to personally identify an individual (“Personal Information”) and, as a subset thereof, Personal Information that may be considered sensitive personal information under Data Privacy Laws (defined below) ( “Sensitive Personal Information”) that is shared with us in connection with users’ use of the Service. You may choose whether to provide or disclose Personal Information in connection with your use of the Service. If you choose not to provide the Personal Information we request, you may still visit and use parts of the Service, but may be unable to access or use certain features, options, programs, and services thereof. If you do not agree with any of the terms of this Privacy Policy, please do not use the Service.

The Service may contain links to, or advertisements for, websites or mobile applications operated by third parties, including, without limitation, third party social media platforms, and, therefore, not owned or controlled by Soft Network. The links to, and advertisements concerning, such third-party websites/mobile applications are provided for your convenience only. We are not responsible for the content, performance, or privacy practices of these third-party websites/mobile applications or for your interactions with them, and you visit them at your own risk. Our inclusion of links to, or advertisements for, such third-party websites/mobile applications does not imply any endorsement of the material, products, or services provided by such third-party websites/mobile applications or any association with such third-party websites/mobile applications or their owners or operators whatsoever.

2. CHANGES TO THIS PRIVACY POLICY.

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to add to, delete, and/or modify any or all of this Privacy Policy. We display the effective date of this Privacy Policy at the top of this page, indicated by the “Last Updated” legend. If you use the affected Service after the changes become effective, it means you agree to the changes to this Privacy Policy. You should review the provisions of this Privacy Policy on a regular and frequent basis so that you are aware of your rights.

3. CHILDREN’S PRIVACY.

The Service is not intended for children under the age of thirteen (13) and we do not knowingly collect, share, or sell Personal Information from children under the age of thirteen (13). If you believe we might be in possession of any information from or about a person under the age of thirteen (13), please contact us at privacy@softnetwork.art. Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online. 

4. INFORMATION COLLECTED AND HOW WE COLLECT IT.

We may from time to time receive and/or collect the following categories of Personal Information:

  • Identifiers, such as your first and last name, email address, telephone number, date of birth, geographic location, and Internet Protocol (IP) address;

  • Social media account usernames (i.e., Instagram and Facebook); 

  • Sensitive Personal Information, such as your username and account password; 

  • Network activity, such as information collected from cookies and similar tracking technologies (as described below), marketing and communication preferences; and  

  • Any other information reasonably necessary to facilitate your dealings with us, some of which may constitute Personal Information. 

Other than as expressly set forth above, we generally do not request on or through the Service Sensitive Personal Information, such as other financial account information (e.g., credit report information, bank account numbers) or government-issued identification (e.g., your social security card, driver’s license, or passport), although we reserve the right to do so when such information is necessary to provide the services offered through the Service and to fulfill your requests made through the Service. Pursuant to US Data Privacy Laws (defined below), you have the right to request that Soft Network limit the use or disclosure of your Sensitive Personal Information. To do so, please contact us at privacy@softnetwork.art. 

The sources from which we obtain Personal Information are described below.

4.1 Personal Information You Provide to Us Through the Service.

If you register an AFELL account or sign up to receive email newsletters from Soft Network, via the Service, then you may provide us with, and we may collect, certain information that may constitute Personal Information and/or Sensitive Personal Information. Additionally, if you register an AFELL account, we may from time to time request supplementary information from you via email, which you may provide in your sole discretion, some of which may constitute Personal Information and/or Sensitive Personal Information.  

4.2 Information Provided by Third Parties.

We may from time to time collect information, including Personal Information, about you through non-affiliated third parties. When you purchase an AFELL membership, or make a donation to Soft Network, via the Service, our third-party payment processor, presently, Stripe, Inc. (the “Payment Processor”), may collect your transaction information, such as the form of payment and the associated account number and billing address used to purchase your AFELL membership, which may be shared with us via encrypted and tokenized methods. To learn more about the Payment Processor’s data privacy practices, please visit the Payment Processor’s privacy policy located at: https://stripe.com/privacy. 

4.3 Information Collected Automatically.

We may from time to time automatically collect certain information when you access or use the Service by means of various software tools described below (depending on your choices). In such circumstances, we use such information for log-in and systems administration purposes, information security and abuse prevention, to track user trends, and to analyze the effectiveness of the Service and to otherwise personalize the Service to you. Alone or in combination with other information, such automatically collected information may constitute Personal Information.

We may automatically collect the following information, some of which may constitute Personal Information, when you access or use the Service:

  • Log Files on the Service. The information inside the log files may include, amongst other similar types of information, IP addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages, and any other information your browser may send to us.

  • Cookies. When you use or visit the Service, our servers may send a cookie to your computer. Cookies are small pieces of data that a website asks your browser to store on your computer or mobile device. A cookie contains an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. 

Cookies do not typically contain information that individually identifies you, but Personal Information that we store about you may be linked to the information stored in and obtained from cookies. We use cookies to make interactions with the Service easy and meaningful. We may use cookies that are session-based and persistent. Session cookies exist only during one session and disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Please note that, if you disable your web browser’s ability to accept cookies, you will be able to navigate the Service but you may not be able to successfully use all the features of the Service. 

If you are based in the United Kingdom or the European Economic Area, we will seek your consent to set non-essential cookies when you first visit our Service. If you click Reject All, we will only set Required Cookies (defined below).

Information regarding how we may use different categories of cookies and your options for managing cookie settings is set forth below.

4.4 Other Tracking Technologies.

When you use or visit the Service, we may collect your IP address to track and aggregate information. For example, we may use IP addresses to monitor the regions from which you navigate the Service. We may also use, either alone or in conjunction with cookies, clear electronic images called “web beacons” that can recognize certain types of information on your computer, such as cookies, when you view a particular site tied to the web beacon. This is used to compile information about your usage of the Service, your interactions with email communications from us, and to operate and improve the Service and our email communications. For example, we may place web beacons in email communications (including, without limitation, marketing emails) that notify us when you click on a link in the email that directs you to the Service.

5. PURPOSES FOR WHICH WE USE PERSONAL INFORMATION.

If you submit or we collect Personal Information through the Service or as otherwise described above, we may use such Personal Information for the following general purposes:

  • To provide you with the AFELL listserv and its related features, and to analyze, administer, improve, and personalize the Service;

  • To communicate with you in connection with the Service and products or offerings made available through the Service, including, without limitation, AFELL;

  • To send you updates and promotional materials pertaining to Soft Network or the Service;

  • To identify and authenticate your access to the parts of the Service that you are authorized to access, including, without limitation, the AFELL listserv and its related features;

  • For research and development relating to the Service and the offerings we make available to you through the Service;

  • For electronic direct marketing in compliance with Applicable Law;

  • To protect our rights and/or our property and to ensure the technical functionality and security of the Service;

  • For the performance of our contract with you or to take steps at your request before entering into a contract; 

  • Where you have given consent; and

  • To comply with applicable law, including, without limitation, under U.S. federal, state, local, and foreign laws, regulations, rules, judicial or governmental orders or requests, legal process, and treaties (as may be amended from time to time, collectively, “Applicable Law”).

6. HOW WE DISCLOSE PERSONAL INFORMATION.

6.1 Our Third-Party Providers.

We may transfer Personal Information you provide to us through the Service to our third-party service providers and business partners to perform tasks on our behalf and to assist us in providing the Service, including, without limitation, our email marketing partner and the AFELL listserv host. 

We will comply with Applicable Law regarding Personal Information transfers and use commercially reasonable efforts to only engage or interact with third-party website providers and business partners that take appropriate measures to protect your Personal Information; however, it is the responsibility of each of those third-party website providers and business partners to comply with Applicable Law and their respective privacy policies, and we take no responsibility for their privacy practices and compliance.

6.2 Other AFELL Members. 

If you purchase a Paid Membership (as defined in the Terms of Use) to AFELL, your information, some of which may constitute Personal Information, may be shared with other Paid Membership users via the AFELL membership directory. If you do not wish to have your information included in the AFELL membership directory, please notify us via email at privacy@softnetwork.art and we will endeavor to honor your request. 

6.3 In the Event of Merger, Sale, or Change of Control.

Soft Network may assign or transfer its rights and/or delegate its obligations under this Privacy Policy and transfer any Personal Information to any third-party company or entity that either acquires or is acquired by Soft Network, or is merged with or into Soft Network, as part of a merger, acquisition, sale, or other change of control.

6.4 Other Disclosures.

We may disclose Personal Information about you if required to do so by Applicable Law or if we believe in good faith that such disclosure is reasonably necessary or helpful to (i) comply with legal process, (ii) enforce the Terms of Use, including investigations of potential violations thereof, (iii) detect, prevent, or otherwise address fraud or security issues, or (iv) protect the rights, property, or personal safety of Soft Network, other Service users, and the public.  

7. RETENTION OF PERSONAL INFORMATION.

We will keep your Personal Information while you have an account with us or while we are providing services to you. Thereafter, subject to any Applicable Law, we may hold Personal Information about you for as long as is necessary:

  • To fulfill the purposes described in Section 5 above (“The Purposes For Which We Use Personal Information”), including, without limitation, to comply with Applicable Law; or

  • To respond to any questions, complaints, or claims made by you or on your behalf.

We will not retain your Personal Information for longer than necessary for the purposes set out in this Privacy Policy.

8. YOUR RIGHTS.

8.1 Rights Relating to Personal Information.

If you have an account on the Service, we provide access to—and the ability to edit or delete—certain categories of Personal Information through your account on each of our supported domains. We also permit you to:

  • Delete all content browsing information and opt out of further participation in data associated with the current device you use to use or browse the Service; and

  • Subject to Applicable Law, if you would like to access, amend, correct, delete, export (e.g. data portability), object to or restrict the processing of Personal Information collected in and through the Service, or withdraw your consent (as applicable), you may submit a request to Soft Network’s Privacy Officer either by email at privacy@softnetwork.art or by mail at 636 Broadway, Suite 312, New York, NY 10012, United States of America. We will promptly review all such requests in accordance with Applicable Law. 

  • You may have a right to lodge a complaint with a regulatory agency if you believe that we have violated any of the rights concerning Personal Information about you. We encourage you however to first reach out to us via email at privacy@softnetwork.art so that we have an opportunity to address your concerns directly before you do so.

If you are based in the European Union, European Economic Area or United Kingdom, please see Section 12 below (Notice To Residents Of The European Union, European Economic Area, And United Kingdom) to learn about your specific rights under the GDPR. 

8.2 Email Notifications and Opt Out.

We maintain a strict "no-spam" policy. Unless you requested otherwise in your account settings at the time of your initial registration or specifically opt out as provided herein, by accepting this Privacy Policy, you expressly agree that we may use your information to contact you by email to deliver information that is relevant to your use of the Service such as administrative notices, newsletters you have registered for, or marketing and promotional information related to the Service and/or Soft Network. You may choose to stop receiving these email communications from us by following the instructions included in such communications or by contacting us at privacy@softnetwork.art. If a third-party vendor provides such newsletters, you may unsubscribe in accordance with the instructions provided in such newsletters or by such vendor.  

If you are located in the United Kingdom or the European Economic Area, we will not contact you by email to deliver marketing and promotional information unless we have obtained your prior consent to do so, or if otherwise permitted by law (for example, what is known as the ‘soft opt-in’). 

If you are having problems unsubscribing, please forward the relevant email communication to privacy@softnetwork.art and include in the Subject line the word "Unsubscribe". You will then be removed within ten (10) business days. Please note that we will not process any unsubscribe requests submitted as direct replies to an email communication from us.   

9. DATA SECURITY.

The security of Personal Information is important to us. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. For example, we have implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information from unlawful use, unauthorized access, or disclosure. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security.

10. HOW WE RESPOND TO DO NOT TRACK SIGNALS.

As explained above in Section 4.4, the technologies used through the Service may be used to track Service users’ activity on the Service. How browsers communicate user preferences related to the Do Not Track signal is not yet uniform, so a standard technological response has not yet been developed. For this reason, the Service may not respond to Do Not Track signals at this time.

11. TRANSFERS OF PERSONAL INFORMATION FROM THE EUROPEAN UNION (EU) OR EUROPEAN ECONOMIC AREA (EEA), THE UNITED KINGDOM (UK), OR SWITZERLAND TO THE UNITED STATES OF AMERICA.

To communicate with you or provide the Service services, the information (including Personal Information) that we collect from you may be transferred to, stored, used, and processed by Soft Network in the United States of America or by one of our service providers based inside or outside of the United States of America. Such entities may be engaged in, among other things, preparing and sending notifications and the provision of support services.

If you are visiting from the European Union, the broader European Economic Area, the United Kingdom or other regions with laws governing information collection and use that may differ from those of the United States of America, or any one or more of its individual States, please note that you are transferring your Personal Information to the United States of America. The laws of some countries may not provide the same levels of protection of Personal Information as your home country, particularly if you are resident in the European Union, the broader European Economic Area or the United Kingdom. 

We will take reasonable steps to ensure that information about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers and business partners. If you wish to learn more about international data transfers by Soft Network, please contact us at privacy@softnetwork.art.

You acknowledge that the laws of the United States of America and its individual States treat your information in a manner that may be substantially different from, and less protective than, the treatment required under the laws of other countries and jurisdictions. If you do not want your information transferred to the United States of America, you should not share your information with us, or make use of the Service.

To the extent allowed by the law of the country in which you are located, you expressly waive any right you may have to require us to treat your PERSONAL information in accordance with the laws of any country or jurisdiction other than the United States of America. However, the foregoing waiver may not be legally binding in some countries, such as the member states of the European Union, the broader European Economic Area OR THE UNITED KINGDOM. To the extent it is not legally binding in the country in which you are located, thE foregoing waiver does not apply to you.

12. NOTICE TO RESIDENTS OF THE EUROPEAN UNION, EUROPEAN ECONOMIC AREA, AND UNITED KINGDOM. 

European Economic Area and United Kingdom data protection law requires a “lawful basis” for collecting and retaining Personal Information from citizens or residents of the European Economic Area and the United Kingdom, respectively. Our lawful bases for collecting such information about you are permitted under Article 6, Section 1 of the EU general data protection regulation 2016/679 (as amended from time to time, and as adopted by the United Kingdom, the “GDPR”) and are summarized below.

  • Consent: In certain cases, you have affirmatively provided us with your consent to collect your Personal Information for a specific purpose, such as providing your Personal Information when you contact us through the Service or enter into a contract with us.

  • Contract: We may need your Personal Information to comply with our contractual obligation to you to deliver the Service, such as fulfilling any future transactional services.

  • Legal Obligations: Sometimes the law requires us to collect and use your Personal Information, such as applicable tax laws that may require us to retain records of payments made through the Service or through our contract with you.

  • Legitimate Interests: This is a technical term that means we have a good and fair reason to use your Personal Information and we do so in ways which do not harm your interests and rights, such as to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and that do not materially impact your rights, freedom, or interests. 

For example, we (i) use identity, device, and location information to prevent abuse of the Service by users and to keep the Service secure, and (ii) analyze how users interact with our Service so we can understand better what elements do or do not work well, what services/functionalities may be necessary or desirable to provide you with the best user experience on the Service, and to ensure the safety and security of the Service, which allows us to improve and develop the quality of the online experience we offer all our users.

In accordance with the GDPR, as a resident of the European Union, European Economic Area, or the United Kingdom, you may have the following rights with respect to your Personal Information: 

  • If the processing of Personal Information is based on your consent, the right to withdraw consent at any time for the processing of such Personal Information. This will not affect the lawfulness of any processing carried out before the consent was withdrawn; 

  • The right to request access to and rectification of your Personal Information; 

  • The right to object to or request restriction of the processing of your Personal Information; 

  • The right to request erasure of your Personal Information; and 

  • The right to receive, in a structured, commonly used and machine-readable format, the Personal Information you have provided to us based on your consent or a contract and that is processed by automated means, and to have such Personal Information transmitted to another company where technically feasible (i.e., data portability).

To make a request pursuant to your GDPR rights, you can contact Soft Network’s Privacy Officer either by email at privacy@softnetwork.art or by mail at 636 Broadway, Suite 312, New York, NY 10012, United States of America.

If you are not satisfied with our response to any appliable request made pursuant to your rights under the GDPR, you have the right to lodge a complaint about the processing of your Personal Information with your local data protection authority. If you are located in the United Kingdom, this is the Information Commissioner’s Office (ICO). If you are located in the European Economic Area, you can contact the Commission Nationale Informatique & Libertés (CNIL).

13. NOTICE TO RESIDENTS OF CALIFORNIA, COLORADO, CONNECTICUT, OREGON, TEXAS, UTAH, AND VIRGINIA.

California, Colorado, Connecticut, Oregon, Texas, Utah, and Virginia Residents: Pursuant to, respectively, the California Consumer Privacy Act, the California Privacy Rights Act, the Colorado Privacy Act, the Connecticut Personal Data Privacy and Online Monitoring Act, the Oregon Consumer Privacy Act, the Texas Data Privacy Act, the Utah Consumer Privacy Act, and the Virginia Consumer Data Protection Act (collectively, as may be amended from time to time, “US Data Privacy Laws,” and together with the GDPR, “Data Privacy Laws”) you may have certain rights with respect to your Personal Information. For the purposes of this Section 13, Personal Information is used as defined under US Data Privacy Laws. 

13.1 Requests to Know.

You have the right to request that we disclose:

  • The categories of Personal Information we have collected about you;

  • The categories of sources from which we have collected Personal Information about you;

  • Our use of the Personal Information we have collected about you;

  • The business or commercial purposes for selling or collecting Personal Information about you;

  • The categories of Personal Information sold, shared, or disclosed about you, as well as the categories – and, if you are a resident of Oregon or Colorado, the names – of third parties to whom the Personal Information was sold, by category of Personal Information for each party to whom Personal Information was sold; and

  • The specific pieces of Personal Information collected about you for the twelve (12) months prior to the date of your request.

The delivery of our response to your request to know may take place electronically or by mail. We are not required to respond to requests to know more than twice in a twelve (12)-month period.

13.2 Requests to Delete.

You have the right to request that we delete any Personal Information about you that we have collected from you and retained, subject to certain exceptions. We may deny your deletion request if retaining the Personal 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, 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 Applicable Law;

  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;

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

  • Comply with an obligation under Applicable Law; and/or

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

13.3 Right to Opt Out of the Sale or Sharing of Personal Information and/or Sensitive Personal Information.

We do not sell or share your Personal Information and/or your Sensitive Personal Information. However, please note that you have a right to opt out of the sale or sharing of Personal Information and/or Sensitive Personal Information. You may, at any time, direct us to not sell or share Personal Information and/or Sensitive Personal Information about you to third parties. If you exercise your right to opt out of the sale or sharing of Personal Information and/or Sensitive Personal Information about you, we will not sell or share Personal Information and/or Sensitive Personal Information about you. Any Personal Information and/or Sensitive Personal Information collected in connection with your request will be used only to facilitate that request. You may submit opt out requests by emailing us at privacy@softnetwork.art. 

13.4 Requests to Correct Inaccurate Personal Information.

You have the right to request that we correct inaccurate Personal Information that we maintain, or which pertains to you. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate Personal Information.

13.5 Right to Opt Out of Profiling. 

You have the right to opt out of “profiling.” This opt out applies to the automated processing of Personal Information that is used to render decisions that could have a legal or similarly-significant effect on a user. Examples of such decisions include those related to credit and access to fundamental goods or services. Soft Network does not engage in profiling as described above. 

13.6 Right to Non-Discrimination. 

You have the right not to be discriminated against for the exercise of your US Data Privacy Laws rights described above. Unless permitted by US Data Privacy Laws, we will not as a result of such exercise:

  • Deny you services;

  • Charge you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties;

  • Provide you a different level or quality of services; or

  • To the extent applicable, suggest that you may receive a different price or rate for goods or services or a different level or quality of services.

13.7 Authorized Agents.

You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney may submit a request on your behalf. 

13.8 Methods for Submitting Consumer Requests and Our Response to Requests.

To make a request pursuant to your US Data Privacy Laws rights, you must contact Soft Network’s Privacy Officer either by email at privacy@softnetwork.art or by mail at 636 Broadway, Suite 312, New York, NY 10012, United States of America.   

Soft Network reserves the right to verify all requests made pursuant to US Data Privacy Laws. Upon receipt of such request, we may ask you for additional information to verify your identity. Any additional information you provide will be used only to verify your identity and not for any other purpose. We will acknowledge the receipt of your request within ten (10) days of receipt. Subject to our ability to verify your identity, we will respond to your request within forty-five (45) days of receipt. To protect your privacy and the security of Personal Information about you, we verify your request by requesting for additional identifying information that will only be used to verify your identity and for no other purpose.

If you are a resident of Oregon or Texas, you may appeal our denial of your request within 45 days of your receipt of our written denial therefor. To exercise your right to appeal, you must contact Soft Network’s Privacy Officer either by email at privacy@softnetwork.art or by mail at 636 Broadway, Suite 312, New York, NY 10012, United States of America.   

13.9 Categories of Personal Information We Have Sold or Shared in the Last Twelve (12) Months.

We have not sold or shared (as such terms are defined under US Data Privacy Laws) any categories of Personal Information during the last twelve (12) months.

13.10 Categories of Personal Information We Have Disclosed for a Business Purpose in the Last Twelve (12) Months.

We have disclosed the following categories of Personal Information for a business purpose during the last twelve (12) months:

  • Identifiers, such as your first and last name, email address, telephone number, geographic location, and social media account usernames (i.e., Instagram and Facebook). 

14. CONTACT US.

If you have any questions about this Privacy Policy, please contact Soft Network by email at privacy@softnetwork.art or by mail at 636 Broadway, Suite 312, New York, NY 10012, United States of America.