Privacy Policy of Auctionata – valid from 31/01/2012
Bei diesem Text handelt es sich lediglich um eine Übersetzung aus dem Deutschen. Im Zweifel gilt die deutsche Version.
[This text is a translation from the German language, only. In case of doubt, the German version applies.]
We want you to feel secure when visiting our websites, viewing our auction catalogues and during all bidding and purchasing processes and their handling as well as when you engage Auctionata to prepare an appraisal.
This Privacy Policy informs you which of your personal data will be acquired, processed and stored by Auctionata.
Personal data means detailed information about personal or factual circumstances of a particular or identifiable natural person. They include, for example, information such as your first and last name, address, telephone number or your birthday. They also comprise user data for example the password chosen and used by you to log into your account and to edit your profile.
The responsible party as defined by the Datenschutzgesetz [German Data Protection Act] is the operator of Auctionata,
ISA Auctionata Auktionen AG
Stutterheimstrasse 16-18/II/3.02
1150 Vienna
Austria,
represented by its Board of Directors, Alexander Zacke, Georg Untersalmberger and Almir Kazazic.
Phone: +43 (0)660 88 55 120
Business Registration Number FN346362g
UID-Number ATU65789015
This Privacy Policy supplements the Auction Regulation, the Purchasing Conditions and the Conditions for Obtaining an Appraisal and must be accepted by the clients of Auctionata wishing to register and to sell or auction objects. It also applies to clients wishing to obtain an appraisal for objects.
By accepting the below Policy, you agree that Auctionata may collect, process and use your personal data in accordance with the provisions of this Policy in compliance with the legal provisions applicable in Europe.
1. Consent to the Collection, Processing and Use of your Personal Data:
If you only visit our website without having created a profile, we do not know who you are.
We require your personal data as soon as you intend to auction items in Auctionata, to acquire objects for a fixed price in the sales gallery or to engage Auctionata for the preparation of an appraisal for an object of art or any other items.
Auctionata collects, processes and uses the personal data of its clients for the purpose of concluding, implementing and performing the purchase agreement made between Auctionata and the client on auctions or purchases in the sales gallery as well as in order to handle the commission contracts concluded between Auctionata and the principals (vendors). The below data are collected, processed and used in relation with the registration:
- First and last name
- City/country
- Email address
- Telephone number (serves for a verification by our customer support by telephone)
- Password
- One profile picture/photo
After your registration, you may create a profile and upload a profile picture.
In order to increase the security with Auctionata, Auctionata will perform a verification. Therefore, an employee of Auctionata will call you. Our employee might ask you for your credit card number to have yourself verified via the credit card company.
If you wish to have an object appraised by us, you may do this by filing an application for an appraisal. In such a case, we will only collect the data, as follows:
- First and last name
- Email address
- Contents of your email
- Profile picture
When you make such data available to us as part of your request for an appraisal, you agree that Auctionata will store your email address, your name and the contents of your request. If we refuse your appraisal request, we will delete your data immediately after a relating notification to you. If we provide an expert opinion on your objects, we will retain your data to be able to conclude a commission contract with you, unless you inform us that you do not wish to offer the objects in Auctionata. In the latter case, we will immediately delete your personal data and your request.
2. Your Privacy during Bidding and Buying, Consent to Disclosure of Name to Vendor
Auctionata wishes to protect your privacy during bidding and buying. When you enter the auction room, your profile, including the photo selected by you, and your first name will be displayed. You may, naturally, also indicate your middle name or an abbreviation as your first name. Apart from that, you remain anonymous.
When you purchase objects in our sales gallery, third parties will not be able to identify what objects you bought.
However, as part of the commission transaction, we inform principals, i.e. the owner of the relating items, of your first and last name and your address as soon as you have acquired the items (so-called disclosure of name). The principal is prohibited to disclose your data to third parties.
By accepting this Privacy Policy, you agree to this process.
3. Consent to the Email Function of Auctionata
After you have placed the highest bid for or bought an object, you will receive an email via Auctionata’s communication system containing all important information about the purchase transaction. You hereby consent to the provision of this communication channel.
4. Deletion of your Data and your Profile by Auctionata
When you inform us that you wish to delete your profile or when you delete it yourself, we will delete all your personal data in our system when you have not bought anything via Auctionata. When you have made purchases, we are subject to the statutory storage period. This means that we will store your data until the expiry of such statutory period and will then properly delete them.
5. Consent to the Disclosure of Personal Data to Third Parties
In the following, we inform you about who we forward personal data and/or usage data to and the purpose for which we do this and that we cooperate with third parties under specific circumstances who request data from you independently which may then be saved and processed outside of Europe, if necessary.
a) If you were the highest bidder (auction) or if you have concluded a purchase agreement (curated sales gallery), we will provide your name and your address data to the consignor (vendor). Moreover, we will disclose your name and your delivery address to a logistics company for shipment. Upon the acknowledgement of this Privacy Policy, you consent to this procedure.
b) We use the American Internet social networking site Facebook for our platform services. On the one hand, we have installed the Facebook “like” button. This means that we have implemented the “like” button on our website with a program code provided by Facebook. Data will be sent to Facebook as soon as the site is called up, irrespective of whether the user has clicked on the button or not. If the user clicks on the “like” button, Facebook will also receive the information that the user likes a particular content. If the user is logged into Facebook at the same time, he/she may be identified (for example for advertising via Facebook). Facebook currently remains discreet in its own privacy policy as to precisely which data is collected and saved. Therefore, we recommend that you refrain from using the “like” button, if you are uncertain about doing so.
We reserve the right to introduce the “Log-in with Facebook” function so that you may log into Auctionata using your Facebook access data. We presume that you protect your Facebook access data just as well as your Auctionata access data. We will not receive the password which you use to log into Facebook as it is encrypted.
Furthermore, we reserve the right to offer the “Facebook invite” function. You can invite friends whose email address you have to Auctionata or select persons directly from your friends list on Facebook. While we are delighted if you invite additional persons to Auctionata as soon as we offer this function, we would nevertheless like to request that you use this function wisely and to only invite people who you think would be interested in auctions.
Upon agreement with this Data Policy, you give your consent to your data being processed by using Facebook applications as stated above.
c) Auctionata is obligated to disclose personal data and/or user data to investigating, criminal prosecution and regulatory authorities if and to the extent this is necessary in order to avert risks to public safety and to prosecute crimes in accordance with the legal provisions. We do not require your consent in such cases.
d) You expressly permit us to obtain a creditworthiness rating (credit reference) about you (e.g. in Germany from SCHUFA Holding AG, in Wiesbaden) and to have your personal data verified by a credit card company, to protect our vendors and ourselves and to safeguard our reasonable interests. Furthermore, Auctionata reserves the right to request you to provide bank references and guarantees and to deposit credit card data before you will be able to place bids for objects or purchase items directly from gallery sale. The deposit of credit card data serves to verify your person. Your legitimate interests will be taken into account in accordance with the legal provisions.
e) Furthermore, we disclose data to the Web Hosting Service of Auctionata (Server and Cloud, both of them in Europe) and to Auctionata’s house bank with its registered office in Austria the services of which Auctionata uses for the performance of its contractual obligations. You may receive information about the handling of your data by Microsoft (Azure Platform Privacy Statement).
f) Auctionata works using “Google Analytics” and “Google AdSense”. By becoming a user of Auctionata and consenting to this Privacy Policy, you also agree that we use these services of Google:
Google Analytics is a web analytics service of Google Inc. (“Google”). This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and make it possible to analyse your use of the website. The information about your use of this website generated by the cookie is normally transmitted to a server of Google in the USA and stored there. In the event of an activation of the IP anonymisation on this website, Google will previously shorten your IP address within the member states of the European Union or in other countries subject to the Treaty on the European Economic Area. The full IP address will only be transmitted to a server of Google in the USA in exceptional cases and shortened there. Google will use this information on behalf of the operator of such website to evaluate your use of the website, to compile reports on website activities and to render other services to the website operator which are related to the use of the website and the Internet. The IP address transferred from your browser by Google Analytics will not be linked with other data of Google. You may avoid the installation of the cookies by setting your browser software accordingly; however, we inform you that, in such case, you might not be able to fully use any and all functions of this website. Moreover, you may prevent the collection of the data generated by the cookie and your use of the website (incl. your IP address) by Google as well as the processing of these data by Google, by downloading and installing the browser plug-in available under the following link.
The current link is: http://tools.google.com/dlpage/gaoptout?hl=de
Ads of third parties might be displayed on Auctionata’s website using the AdSense program of Google. The placement of ads is based on the contents of the current website generated by you. This means that AdSense automatically searches the contents of the websites opened by you and provides ads matching the relating contents.
If, for example, you wish to auction a valuable painting with us, the ads on the website you are visiting might be related to paintings and other works of art. For further information about privacy with Google, please go to: http://www.google.com/intl/en/privacy/ads/
Please note that the cooperation with Google forms an important part of our business model since this is our only chance to inform a wide range of people about our auctions on the Internet.
g) Please note that for the payment of objects purchased via Auctionata, Auctionata may also offer Internet payment systems whose operators have their registered office outside of the EU. Such companies store the data relevant for payment on servers that might be located outside of the EU to enable you to make a payment – we have no influence on this. The same applies to credit card companies having their registered office outside of the EU.
h) Auctionata as auctioneer reserves the right to use third parties as vicarious agent. These will be auctioneers approved by Auctionata. You consent to such persons getting insight into the relevant bidding processes and being able to see your full name and your address data to conscientiously fulfil their duties as auctioneers. Auctioneers are bound by this Privacy Policy of Auctionata. During auctions, they may call bidders with their specified first name or refer to the profile picture and the location of the bidder. For instance, the auctioneer may say: “The beautiful Rose (profile photo) called Anna (first name) from Berlin (place of residence) is now offering EUR 500.”
i) If you have an object appraised by Auctionata, we will disclose your data and your name to one of our experts. These experts are either employees of Auctionata or vicarious agents. Experts are also bound by the Privacy Policy of Auctionata.
j) If Auctionata makes use of additional third parties for fulfilling its contractual duties in the future, we will inform you accordingly in this Privacy Policy after prior announcement.
There will be no further disclosure of data to third parties for commercial purposes.
6. Use of Data for the Purpose of Own Consulting, Own Promotion and Own Market Research
You expressly consent to us collecting, processing and using your personal data also for the purpose of own consulting, own promotion, own market research, however mainly in order to design the objects and services offered by us in a way that suits the market need.
We may collect, summarise and use your data jointly with data of other clients in an anonymised form to improve our services, pages and ads.
Auctionata will regularly send a newsletter to the users of Auctionata. Apart from information about Auctionata, such newsletter may also contain promotion for other offers of the operator of the Auctionata website or information about third-party offers. You may unsubscribe from the newsletter at any time via a link in the newsletter itself.
7. Consent to the Storage of Log Files
When you access the websites of Auctionata, data will automatically be recorded and stored in the statistics of the servers on which the Auctionata websites are hosted, which will be transmitted to the server by your own browser.
These include, but are not limited to information about …
- your IP address;
- the operating system you use;
- the referrer URL (the website from which you accessed the Auctionata websites);
- the transmitted data volume; and
- the time of the server request.
By signing the Privacy Policy of Auctionata you agree that Auctionata analyses so-called log files and creates user statistics to improve the applications offered at the Auctionata website.
The data will be anonymised for this purpose.
8. Consent to the Use of Cookies
Auctionata uses so-called “cookies” in several places. Cookies are (very) small text files stored by your browser that serve to make using a website easier, more effective and safer. Cookies allow for identifying you for the duration of your visit.
Our cookies do not cause any damage to your computer, need minimum memory capacity and do not contain viruses. You may block the use of cookies via your browser settings, however it might be that then not all or no functionalities of Auctionata are available to you.
These are the cookies which Auctionata will create:
MonaLisaAuth : authentication cookie,
contains -encrypted user id, 30 days awl : monalisa language,
session cookie, contains prefered languages __utma -third party (google-analytics),
__utmb -third party (google-analytics) __utmc -third party (google-analytics),
__utmz -third party (google-analytics) fbsr_XXXXXXXXXXXXXXX : third party facebook
They collect the preferred language of a user (English or German) and his/her authentication. Moreover, one Google Analytics Cookie will be placed, please refer to 5f).
9. Amendments of this Privacy Policy
The operator of the website reserves the right to amend this Privacy Policy if Auctionata provides new or modified services or if legislative changes require an amendment of this Privacy Policy. As each client of Auctionata must re-accept this Privacy Policy prior to accessing the auction room and prior to acquiring an object from the sales gallery, he/she will always receive the latest version.
10. Right of Access to Information and Revocation of the Consent to the Privacy Policy
Auctionata is obligated to inform you, at any time, about your personal data that is stored by the operator of the website, free of charge in accordance with the legal provisions.
You may revoke your consent to the collection, processing and use of your personal data at any time with effect for the future. This can be done by sending an email via our Contact us form.
Please note that you can no longer use Auctionata if you revoke your consent to this Privacy Policy. Please also note that you might still be obligated to fulfil your current contractual obligations when you have already bought any items.