Privacy policy

Scope of application

The following regulations on data protection explain how we handle your personal data and how we process it for the services we offer when you contact us and also for the other services you inform us about when you register.

We as the website operator take your privacy very seriously and treat your personal data confidentially and in accordance with the statutory provisions. Since new technologies and the continuous development of this website may result in changes to this privacy policy, we recommend that you read through the privacy policy again at regular intervals.

Responsible bodies

The responsible party within the meaning of the DSGVO* and other regulations relevant to data protection is:

KunstKontor GmbH&CoKG- artKontor online auctions.
Taunusstrasse 39
65183 Wiesbaden in own responsibility for the processing according to art. 6 DSGVO

You can reach us at the above addresses and by phone at: +49 (0) 611 17250482

by e-mail at: info@artkontor-auktionen.com

per E-Mail unter: info@artkontor-auktionen.com

Definitions according to the new DSGVO

Personal data

Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing of their personal data

Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Consent

Consent is any expression of will in the form of a declaration or other unambiguous affirmative action made voluntarily by the data subject for the specific case in an informed manner and in an unambiguous manner, by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.
We then additionally require this from you -whereby its submission by you is completely voluntary- in the event that we ask you for personal data that is either not necessary for the performance of a contract or for the implementation of pre-contractual measures, or also the other permissible circumstances of Art. 6 para. 1 sentence 1 lit c) – f) DSGVO would not be given.
If consent is required, we will ask you for it separately. If you do not give this consent, we will of course not process such data under any circumstances.

Visiting our website is generally possible without actively disclosing personal data from you (except for your automatically transmitted IP address). We do not create profiles on a personal level, do not trade in addresses and do not sell any data.
Each time you access our Internet offers and each time you retrieve a file, we store data about this process in a log file. These are:
IP address, date and time of the retrieval, type description of the browser used and desired access method/function of the requesting computer, type or category of the retrieved file, amount of data, message as to whether the retrieval was successful.
This data is stored and evaluated to the extent necessary for processing and for the elimination of technical problems. This data is not passed on to third parties. The IP address is stored for a reasonable and permissible time for the detection of misuse, the defense against cyber attacks and for the detection and elimination of faults and then anonymized (by shortening). Insofar as we use analysis tools, the IP address is also only passed on in the aforementioned anonymized form.

Personal data that you give us for the fulfillment of a contract or for the implementation of pre-contractual measures, which are necessary for this purpose and which we process accordingly for this purpose, are for example
Your contact data such as name, address, telephone, fax, e-mail, tax number, etc., and, if required for financial transactions, financial information such as credit card or bank data;
Shipping and billing data, information on which type of taxation you wish (standard or differential taxation) and other information you provide for the purchase, offering or other services of our company or the shipment of an object;
transaction data based on your aforementioned activities;
other information we may ask you to provide, for example, to authenticate yourself if necessary for the proper performance of the contract (examples: Copy of ID, extract from the commercial register, copy of invoice, answering additional questions to be able to verify your identity or the ownership of an object offered by you).
At the same time, we are entitled to obtain other supplementary information from third parties within the framework of the execution of the contract and in order to carry out measures initiating the contract (e.g.: If you enter into liabilities with us, we are generally entitled to have your creditworthiness checked by a credit agency to the extent permitted by law. This necessity is particularly given by the special nature of the auction trade, since you take with your bid and the knockdown the possibility of the previous bidder to purchase the work of art. Thus, your creditworthiness, about which we always maintain the highest level of confidentiality, is of utmost importance).

For certain functions of our website, we commission other external service providers with data processing. These service providers process the personal data exclusively in accordance with our instructions. In particular, the service providers are thus also bound by this privacy policy. Under no circumstances may the service providers use the data for their own purposes.

Registration/providing personal data when contacting us

You have the option of registering with us directly (by telephone, mail, e-mail) or on our website, providing personal data, if you would like to participate in Internet auctions or/and are interested in certain works of art, artists, styles, eras, etc., or would like to offer us objects of art for sale or purchase.

Which personal data you transmit to us in the process is determined by the respective input mask that we use for the registration or your inquiries, or by the information that we ask you for, or that you transmit to us voluntarily. The personal data you voluntarily enter or provide for this purpose will be collected and stored exclusively for internal use by us and for our own purposes.

We are entitled to arrange the transfer to one or more processors, for example a parcel service provider, who will also use the personal data exclusively for an internal use attributable to the controller.

Through your expression of interest in certain works of art, artists, styles, eras, etc., whether through your participation in the registration process described above, or through your interest in selling, consigning to auctions, or purchasing, in each case by voluntarily providing your personal data, we are at the same time permitted to notify you about services of our house and companies that are closely related to our house on the art market, as well as for targeted marketing and the sending of advertising offers based on your profile by telephone, mail or e-mail. If you wish to be notified in a specific way, we will be happy to comply with your wishes if you inform us of them. Based on your aforementioned interests, including your participation in auctions, we will always consider, in accordance with Art. 6 Para. 1 Sentence 1 lit (f) DSGVO, whether and if so, with which type of advertising we may approach you (for example: Sending you information about auctions and artists, information about special events, information about future or past auctions, etc.).
You are entitled to object to this contact with you at any time pursuant to Art. 21 DSGVO (see below under: “Your rights regarding the processing of your personal data”).

Dealing with comments and contributions

If you leave a post or comment on this website, your IP address will be stored. This is done on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO and serves the security of us as website operator: because if your comment violates applicable law, we can be prosecuted for it, which is why we have an interest in the identity of the comment or post author.

Use of cookies

Cookies are text files that are placed and stored on a computer system via an Internet browser. We use cookies as identifiers that we transfer to your computer’s hard drive via your web browser. After you have logged in, they enable us to identify your user account during your visit to our pages, a so-called session or session. Since other functions to identify a session, carry the risk that a stranger can perform actions with your session identifier, the activation of cookies is necessary for the duration of your login.
We do not use cookies for any other purpose.
You can use the help function of most web browsers to find out how to block cookies or delete cookies you have received, for example. Thus, you can permanently object to the setting of cookies. However, we would like to point out that without cookies, those parts of our Internet services that require registration will no longer function. Google Analytics
Due to our legitimate interests, this website uses the service “Google Analytics” for the optimization and analysis of our online offer in terms of Art. 6 para. 1 lit. f. DSGVO the service “Google Analytics”, which is provided by Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA). The service (Google Analytics) uses “cookies” – text files that are stored on your terminal device. The information collected by the cookies is usually sent to a Google server in the USA and stored there.
Google LLC complies with European data protection law and is certified under the Privacy Shield agreement: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
IP anonymization is used on this website. The IP address of the user is shortened within the member states of the EU and the European Economic Area and in the other contracting states of the agreement. Only in individual cases is the IP address initially transmitted unabbreviated to a Google server in the USA and shortened there. This shortening eliminates the personal reference of your IP address. The user’s IP address transmitted by the browser is not combined with other data stored by Google.
As part of the agreement on the order data agreement, which we as website operators have concluded with Google Inc., the latter uses the information collected to create an evaluation of website use and website activity and provides services associated with internet use.
The data collected by Google on our behalf is used to evaluate the use of our online offering by individual users, e.g. to create reports on website activity in order to improve our online offering.
You have the option of preventing cookies from being stored on your device by making the appropriate settings in your browser. It is not guaranteed that you can access all functions of this website without restrictions if your browser does not allow cookies.
Furthermore, you can use a browser plug-in to prevent the information collected by cookies (including your IP address) from being sent to and used by Google Inc. The following link will take you to the corresponding plugin: https://tools.google.com/dlpage/gaoptout?hl=de.
Alternatively, you can prevent Google Analytics from collecting data about you within this website by clicking on this link (IMPORTANT: insert opt-out link). By clicking on the above link, you will download an “opt-out cookie”. Your browser must therefore generally allow the storage of cookies for this purpose. If you delete your cookies regularly, you will need to click on the link again each time you visit this website.
Here you can find more information about the use of data by Google Inc:
https://policies.google.com/privacy/partners?hl=de (data collected by
Google partners)
https://adssettings.google.de/authenticated (settings about
advertising displayed to you)
https://policies.google.com/technologies/ads?hl=de (use of
cookies in ads)

Use of social media plugins from Facebook, others.

Due to our legitimate interest in the analysis, optimization and operation of our online offer (within the meaning of Art. 6 para. 1 lit. f. DSGVO), this website uses the Facebook social plugin, which is operated by Facebook Inc. (1 Hacker Way, Menlo Park, California 94025, USA). The integrations are recognizable by the Facebook logo or the terms “Like”, “Like”, “Share” in Facebook’s colors (blue and white). Information on all Facebook plugins can be found via the following link: https://developers.facebook.com/docs/plugins/
Facebook Inc. complies with European data protection law and is certified under the Privacy Shield agreement: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active
The plugin establishes a direct connection between your browser and the Facebook servers. The website operator has no influence on the nature and extent of the data that the plugin transmits to the servers of Facebook Inc. Information on this can be found here: https://www.facebook.com/help/186325668085084
The plugin informs Facebook Inc. that you as a user have visited this website. There is a possibility here that your IP address will be stored. If you are logged into your Facebook account during your visit to this website, the aforementioned information will be linked to it.
If you use the functions of the plugin – for example, by sharing or “liking” a post – the corresponding information will also be transmitted to Facebook Inc.
If you would like to prevent Facebook. Inc. linking this data to your Facebook account, please log out of Facebook before visiting this website and delete the stored cookies. Via your Facebook profile, you can make further settings regarding data processing for advertising purposes or object to the use of your data for advertising purposes. You can access the settings here:
Facebook profile settings: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen
Cookie deactivation page of the US website: http://optout.aboutads.info/?c=2#!/
Cookie deactivation page of the European website: http://optout.networkadvertising.org/?c=1#!/

What data, for what purpose and to what extent Facebook collects, uses and processes data and what rights and settings options you have to protect your privacy, you can read in the privacy policy of Facebook. You can find them here: https://www.facebook.com/about/privacy/
The website uses services from Google, google maps and youtube, for the integration of films on the website.

Your rights regarding the processing of your personal data

According to the provisions of the GDPR, you are entitled to the following rights in particular:
Right to free information about the personal data stored about you, the right to receive a copy of this information, as well as the other related rights under Article 15 DSGVO.
The right to demand the immediate correction of incorrect personal data in accordance with Art. 16 DSGVO, and if necessary the completion of incomplete personal data – also by means of a supplementary declaration.
Right to immediate erasure (“right to be forgotten”) of the personal data concerning you, if one of the reasons listed in Art. 17 DSGVO applies and insofar as the processing is not necessary.
Right to restriction of processing if one of the conditions in Art. 18(1) DSGVO applies.
Right to data portability if the conditions in Art. 20 DSGVO are met.
Right to object at any time pursuant to Art. 21 DSGVO, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Art. 6(1)(e) or (f) DSGVO. This also applies to profiling based on these provisions.

If the processing of your personal data is based on consent pursuant to Art. 6 (1) lit a) or Art. 9 (2) lit a) DSGVO, you also have a right of revocation pursuant to Art. 7 DSGVO. We will always inform you of your right of revocation prior to a request for such consent.

To exercise the aforementioned rights, you can contact us directly at the + contact details provided at the beginning or contact our data protection officer. You are also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.

Your rights

You have the right to information at any time under Article 15 of the GDPR, the right to rectification under Article 16 of the GDPR, the right to erasure under Article 17 of the GDPR, the right to restriction of processing under Article 18 of the GDPR, the right to object under Article 21 of the GDPR and the right to data portability under Article 20 of the GDPR.
In addition, you have the right to lodge a complaint with a data protection supervisory authority pursuant to Art. 77 DSGVO.

Note on online dispute resolution

Notice on online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/.

Data storage period

The legislator prescribes various retention periods and obligations, e.g. a 10-year retention period (§ 147 para. 2 in conjunction with para. 1 nos. 1, 4 and 4a AO, § 14b para. 1 UStG) for certain business documents, such as invoices. We also take the liberty of pointing out that, in the case of cultural property, we are obliged pursuant to § 45 KGSG i.V.m. § 42 KGSG, we are obliged to record evidence of due diligence requirements and to retain certain personal data for this purpose for a period of 30 years. After expiry of the periods imposed on us by law or which are necessary for the prosecution or defense of claims (e.g. statutes of limitation), the corresponding data are routinely deleted. Data that are not subject to any retention periods or obligations will be deleted when their retention is no longer necessary for the fulfillment of contractual activities and obligations. If you are not in a contractual relationship with us, but have entrusted us with personal data because, for example, you would like to be informed about our services or are interested in buying or selling a work of art, we take the liberty of assuming that you would like to be in contact with us for as long as you wish, i.e. we may process the personal data provided to us for this purpose until you object to this on the basis of your aforementioned rights under the GDPR, revoke consent, exercise your right to erasure or data transfer.
*Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data, on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

Status: January 2021

You can also download this privacy policy as a PDF here.