Privacy policy

Key points

Gustav is built so that we never hold your archive. The points below summarize this Policy for convenience only. They do not limit or modify it; Sections 1 through 19 govern.

No account, no archive server. Your photographs and records are stored in the App on your device. We have no technical means to access them.

No sale, no advertising, no tracking. We do not sell or share personal information, show ads, or track you across other companies' apps or websites.

No AI training. We do not use your photographs, archive or questions to train machine-learning or artificial-intelligence models.

You control what leaves your device. Information leaves your device only when you send it, when an Apple service performs a function you invoke, or when you back up your device.

What we do receive is limited. Emails you choose to send us, subscription transaction records from Apple, and, if you opt in through Apple, crash reports and aggregated usage statistics.

1. Who we are

Gustav is a mobile application for documenting artwork (the "App"). It is published by Not Not, LLC, 328 Avenue B, Fishers Island, NY 06390, United States ("we," "us," or "our"). You can reach us about privacy at hello@notnot.pictures. Full contact details are in Section 19.

2. Scope

2.1 What this Policy covers. This Privacy Policy (this "Policy") describes how we handle personal information in connection with the App, as distributed through Apple's App Store, and with any communications you send us about the App.

2.2 What this Policy does not cover. This Policy does not govern:

1. Services provided by Apple Inc. and its affiliates ("Apple"), including the App Store, in-app payments, Apple Maps, iCloud, iCloud Keychain and device backups, which are governed by Apple's Privacy Policy: https://www.apple.com/legal/privacy/

2. Any person or service to which you send a file from the App, such as a gallery, printer or email provider. Once a recipient receives your file, its own terms and practices apply.

2.3 Relationship to other terms. If this Policy conflicts with any other statement we make about the App's handling of personal information, this Policy controls.

3. Definitions

In this Policy:

"Archive" means the photographs, files and records you create or store in the App, including titles, prices, contact details, locations and other details of your works.

"Device" means the iPhone, iPad or other Apple device on which you use the App.

"Personal information" means information that identifies, relates to or can reasonably be linked to an identified or identifiable individual, and includes "personal data" as defined by applicable law.

"Gustav" means the in-app assistant described in Section 6.

"Signing Key" means the cryptographic key described in Section 5.4.

4. How the App is designed

The App does not require or offer an account. We do not operate any server that receives, stores or processes your Archive. Accordingly, we have no technical means to access, search, copy, recover or delete your Archive, and we cannot restore it if it is lost. You alone control your Archive on your Device.

5. Information stored on your Device

The App stores the following information locally on your Device so that it can function. We do not receive any of it unless you send it to us (Section 7.4).

5.1 Works. Photographs you capture, files the App creates from them, and, for each work: title, year, materials, type, dimensions, description, price, inventory number, series, edition, frame, a location name you enter, status, documentation number and date documented.

5.2 Your details. The name, email address, website and city you enter, and a profile photograph if you choose one. Your name is used as the copyright line in exported images. Your details appear on tear sheets only when you choose to include them.

5.3 Settings. Appearance, capture coaching, dimension format and your most recent sharing choices.

5.4 Signing Key. A cryptographic key stored in your Device's Keychain and used solely to sign tear sheets and reports, so that recipients can verify they have not been altered. The Signing Key contains no photograph, title or name. If iCloud Keychain is enabled, Apple may synchronize the Signing Key to other devices signed in to the same Apple Account.

6. Device Permissions

The App requests only the permissions below. You may grant or withdraw each at any time in your Device's Settings.

Camera. To photograph works. If you decline, you cannot capture works.

Microphone and speech recognition. To let you ask Gustav a question by voice, only while you hold the voice control. If you decline, you can type questions instead.

Photos (iOS photo picker). To select a profile photograph. The App receives only the image you pick and cannot see the rest of your library. If you decline, you have no profile photograph.

6.1 Gustav. Speech is converted to text on your Device, and voice input is available only if your Device supports on-device speech recognition; otherwise it is disabled. Spoken audio and transcribed or typed questions are processed on your Device. They are not stored and are not sent off your Device.

6.2 Location. The App does not request access to your Device's location, and files it creates do not contain GPS coordinates.

6.3 Other data. The App does not request access to your contacts, calendars or any other Device data.

7. When information leaves your Device

Information leaves your Device only in the circumstances described in this Section 7.

7.1 Files you share. When you share a file, iOS asks you to choose a destination. We do not receive or retain a copy. Each file type contains the following:

Exported images (JPEG, TIFF). Title, artist name, year, caption, inventory number and copyright notice saved on the work; standard camera metadata such as Device model and exposure settings. No GPS coordinates.

Tear sheets. The work's details; your contact lines and location line, if enabled; and a signed seal stating the inventory number, artist, title, year, materials, dimensions, edition, dates and cryptographic fingerprints of the files. The seal does not state price or location.

Inventory spreadsheets. For every work: documentation number, title, year, materials, type, dimensions, series, edition, frame, price, location, status, date documented and description.

Capture receipts. Original and processed photographs, Gustav's checks, how the image was made, and a record of Device model, exposure, color, dimensions and timings.

Inventory spreadsheets include prices and locations for every work. Confirm the recipient before sharing one.

7.2 City suggestions. The city in your details is a place name you type, not your Device's location. After you type two characters, the App sends those characters to Apple Maps to suggest matching cities. Apple, not we, receives that request. The city you select is stored on your Device.

7.3 Subscriptions. Gustav Pro is sold and billed by Apple. We do not receive your payment card number, billing address or Apple Account credentials. The App queries Apple to confirm whether your subscription is active, and "Restore" asks Apple for your past purchases. Apple provides us with transaction records, such as the product, purchase and renewal dates, and country or region; these do not include your name or email address. Price, renewal terms and cancellation terms are displayed before you subscribe. You may cancel at any time in your Device's Settings.

7.4 Problem reports. "Report a problem" opens a pre-addressed email to nate@lighthouseworks.us, or the iOS share sheet if Mail is not configured. You review the message and decide whether to send it. It includes the App version, iOS version and Device model. A report started from a work identifies that work's inventory number and allows you to attach its capture receipt.

7.5 Diagnostics from Apple. If you have elected in your Device's settings to share analytics with app developers, Apple may provide us with crash reports and aggregated usage statistics. Apple provides these under its own terms and does not identify you to us. You may withdraw this election at any time in Settings > Privacy & Security > Analytics & Improvements.

7.6 Backups and synchronization. If you back up your Device to iCloud or a computer, your Archive may be included. Those backups are governed by Apple's terms and your own settings. We do not receive them.

8. Information we receive, how we use it and how long we keep it

The following is a complete description of the personal information we receive.

Communications. Your email address, message, App and iOS version, Device model, inventory number and any attachments, including capture-receipt photographs. Source: you, when you email us. Purposes: to respond to you, diagnose and fix problems, and keep a record of the matter. Retention: 24 months after the last message in the thread, unless you ask us to delete it sooner or the law requires longer retention.

Transaction records. Product, purchase and renewal dates, country or region. Source: Apple. Purposes: to confirm purchases, handle refund questions, and meet accounting and tax obligations. Retention: as long as tax and accounting law requires, generally 7 years.

Diagnostics. Crash reports and aggregated usage statistics. Source: Apple, only if you opted in. Purposes: to identify and fix defects and keep the App stable. Retention: as long as Apple makes them available to us.

We do not use any of this information for advertising, mailing lists or profiling. We do not use your photographs, Archive or questions to train machine-learning or artificial-intelligence models.

9. How we disclose information

We disclose the personal information described in Section 8 only:

1. To the provider that hosts our email, which processes it on our behalf and under our instructions;

2. Where required by law, legal process or a valid governmental request, or where reasonably necessary to protect the safety of any person or to establish, exercise or defend our legal rights; and

3. To a successor in connection with a transfer of our business or the App, provided that the successor is bound to honor this Policy for information we held before the transfer.

10. What we do not do

10.1 We do not sell or rent personal information.

10.2 We do not share personal information for cross-context behavioral advertising or targeted advertising.

10.3 We do not track you across other companies' apps or websites.

10.4 The App displays no advertisements and contains no third-party advertising or analytics code.

10.5 If we introduce optional usage statistics, we will first update this Policy. The feature will be off unless and until you turn it on, and it will never collect photographs, titles, your name, your email address or the content of your questions.

11. Information about other people

Your Archive may contain personal information about others, such as collectors, buyers or lenders. That information remains on your Device, and we do not receive it unless you include it in a communication you send us. You are responsible for ensuring you have an appropriate legal basis to record that information and to share it with others.

12. Retention and deletion on your Device

12.1 A work and its files remain in the App until you delete that work. Deleting the App deletes the Archive stored within it.

12.2 We cannot delete copies you have shared or copies contained in your backups, because we never received them.

12.3 iOS does not always remove Keychain items when an app is deleted, so the Signing Key may remain in your Device's Keychain after you delete the App. Copies synchronized through iCloud Keychain are subject to Apple's terms.

13. Your choices

You may at any time:

Allow or refuse camera, microphone and speech-recognition access in your Device's Settings. Gustav remains available by typing.

View, edit and delete any work, your details and your profile photograph in the App.

Export an inventory spreadsheet and image files to keep your own copy of your Archive.

Decline to subscribe, or cancel a subscription through Apple.

Stop Apple from sharing diagnostics with developers in your Device's settings.

14. Security

14.1 On your Device. Your Archive is stored in the App's private storage, which iOS encrypts and protects with your Device passcode. The Signing Key is stored in the Keychain.

14.2 With us. We protect the communications and records we hold with access controls and account security appropriate to their sensitivity.

14.3 Limits. No method of storage or transmission is completely secure. Keep your Device locked and take care in choosing where you send files.

14.4 Incidents. If a security incident affects personal information we hold, we will notify you and the relevant authorities as required by applicable law.

15. Children

The App is intended for artists documenting their own work. It is not directed to children under 13 or, in the European Economic Area, under 16. We do not knowingly collect personal information from children under those ages. If you believe a child has sent us personal information, please contact us and we will delete it.

16. European Economic Area, United Kingdom and Switzerland

This Section 16 applies if you are located in the European Economic Area, the United Kingdom or Switzerland.

16.1 Controller. Not Not, LLC is the controller of the personal information described in Section 8. We do not process your Archive, which the App handles solely on your Device under your control.

16.2 Legal bases.

Communications you send us. Performance of a contract with you, where your request concerns the App or your subscription (Art. 6(1)(b)); otherwise our legitimate interest in answering questions and improving the App (Art. 6(1)(f)).

Transaction records. Compliance with our legal obligations under tax and accounting law (Art. 6(1)(c)).

Crash reports and usage statistics. Our legitimate interest in keeping the App stable (Art. 6(1)(f)); whether Apple shares them is your choice in your Device's settings.

16.3 Voluntary provision. You are not required to provide personal information to us. If you do not, we may be unable to respond to your request. We do not engage in automated decision-making, including profiling, that produces legal or similarly significant effects.

16.4 Recipients. Our email hosting provider, acting as our processor. Apple acts as an independent controller for its own services.

16.5 International transfers. We are based in the United States, and information you email us is received and stored there. Where our email provider transfers personal information from the EEA, the UK or Switzerland, it relies on legally recognized safeguards, such as the EU–U.S. Data Privacy Framework and its UK and Swiss extensions, or standard contractual clauses.

16.6 Your rights. Subject to applicable law, you may request access to, rectification of, or erasure of your personal information; restriction of its processing; and a copy in a portable format. You may object at any time to processing based on our legitimate interests. We will respond within one month. We may extend this by up to two further months for complex or numerous requests, and will tell you if we do.

16.7 Complaints. You may lodge a complaint with the data protection supervisory authority in your country of residence, the UK Information Commissioner's Office, or Switzerland's Federal Data Protection and Information Commissioner.

16.8 Representative. We have not appointed a representative in the EU or the UK. Our processing of personal information about individuals there is occasional, does not include large-scale processing of special categories of data or data relating to criminal convictions and offences, and is unlikely to result in a risk to their rights and freedoms (Art. 27(2)(a) GDPR and UK GDPR). Please contact us directly.

17. United States privacy rights

Certain U.S. state privacy laws may not apply to us because of our size. Whether or not they apply, we extend the following to all U.S. residents.

17.1 Categories collected in the preceding 12 months. Identifiers (your email address); device and app information (Device model, iOS version, App version); commercial information (subscription transaction records from Apple); and the content of communications you send us, which may include photographs and artwork details. Sources, purposes and retention periods are set out in Section 8.

17.2 No sale or sharing. We do not sell or share personal information, including that of consumers under 16. We do not use or disclose sensitive personal information to infer characteristics about you. We offer no financial incentive tied to personal information.

17.3 Your rights. You may request to know what personal information we hold about you, and request that we correct or delete it.

1. Verification. Please email us from the address you previously used, so that we can verify your request by matching it.

2. Authorized agents. An authorized agent may submit a request on your behalf with your written permission.

3. Timing. We will respond within 45 days.

4. Non-discrimination. We will not treat you differently for exercising your rights.

5. Appeals. If we decline your request, you may appeal by replying with "Appeal" in the subject line. We will respond within 60 days.

17.4 Do Not Track and Global Privacy Control. We do not track individuals across websites or services, so the App does not respond differently to Do Not Track signals. Because we do not sell or share personal information, a Global Privacy Control signal has nothing to opt out of.

18. Changes to this Policy

18.1 When we change this Policy, we will revise the "Last updated" date above.

18.2 We will announce material changes in the App before they take effect.

18.3 A change will not apply to personal information collected before it takes effect unless you consent.

18.4 We will not begin collecting a new category of personal information until this Policy describes it, and any optional collection will be off unless and until you turn it on.

19. Contact us

For questions about this Policy, or to request access to, correction of or deletion of personal information we hold, contact:

Not Not, LLC
328 Avenue B
Fishers Island, NY 06390
United States
hello@notnot.pictures

If your request concerns an earlier email, please write from the same address so that we can locate it.