Privacy Policy Karl & Faber Fine Art Auctions

This is the privacy policy of Karl & Faber Kunstauktionen GmbH, Amiraplatz 3 – Luitpoldblock, 80333 Munich, Germany (hereinafter “Karl & Faber” or “we”).

The protection of your personal data and privacy is important to us. We therefore comply with all relevant data protection regulations and are constantly striving to optimise data protection.

This privacy policy informs you about the processing of your personal data by Karl & Faber both outside the website karlundfaber.de and in connection with it.

Table of Content

  1. Data controller
  2. Personal data
  3. Operation of the website
  4. Processed data
  5. Purposes of data processing
  6. Tracking tools for website analysis
  7. Google Maps
  8. Video services
  9. Job applications
  10. Use of external service providers
  11. Storage period
  12. Your rights
  13. Questions

 

1. Data controller

The data controller for the processing of your personal data is Karl & Faber Kunstauktionen GmbH, Amiraplatz 3 – Luitpoldblock, 80333 Munich, Germany. You can find more information in our imprint.

2. Personal data

Personal data is information that relates to an identified or identifiable natural person, such as your name, email address, telephone number, postal address or the IP address of your computer.

3. Operation of the website

We process personal data from you in order to be able to offer you the best possible offers and information on this website, tailored to you as far as possible, and to make your visit to our website as informative and profitable as possible. Unless otherwise stated in the following provisions, the legal basis for the data processing associated with this is in each case Art. 6(1)(f) GDPR (balancing of interests, based on our interest in offering you the most attractive website possible).

4. Processed data

4.1 Automatically collected data

In order to be able to display information that is suitable for you on the website, we process the following data:

  • The address of the page you accessed on our website
  • The address of the website you visited immediately before (the so-called “referrer”)
  • Date and time of your visit
  • The characteristics of your end device, in particular the operating system, the browser used and the window size of your browser
  • The IP address of your end device on the Internet
  • Identification numbers that we store on your end device. This identification number enables us to recognise your end device on the website. In technological terms, these identification numbers are stored in so-called cookies or eTags.
  • Device identifiers that consist of individual characteristics of your end device. These device identifiers also allow us to recognise your end device on the website.

Examples of such device identifiers are

  • “Ad-ID” in the Apple operating system iOS
  • “Advertising ID” in the Android operating system

4.2 Conclusion of contracts

We also process your personal data if you contact us because you are interested in buying or selling a work of art and/or if you wish to order an art catalogue from us. Unless otherwise stated in the following regulations, the legal basis for the data processing associated with this is in each case Art. 6(1)(b) GDPR (contract performance).

5. Purposes of data processing

5.1 MY Karl & Faber user account

To place bids by telephone or in writing, or to purchase works from our sales exhibitions, please visit our website at karlundfaber.de/my-karl-faber/ and register with MY Karl & Faber. For the creation of the user account we only need a user name of your choice and your e-mail address. After registration and successful login, the aforementioned services are available to you. In addition, you can store your personal information in your user account.

In order to place a bid, we need the following information from you:
Full name, address and a telephone number

You may terminate your contract for the provision of the user account at any time and without giving any reason. The easiest way to do this is to send an informal e-mail to datenschutz@karlundfaber.de.

The legal basis for the data processing associated with this is Art. 6(1)(b) GDPR (contract performance for the provision of the MY Karl & Faber user account or Art. 6(1)(f) GDPR (balancing of interests, based on our interest in offering you the services of the MY Karl & Faber user account).

5.2 Processing of catalogue orders

If you order our auction catalogues, we your personal data for the purpose of the conclusion and execution of the contract as well as the handling of your order including payment and delivery. The legal basis for the above data processing is Art. 6(1)(b) GDPR (contract performance for the implementation and execution of contracts).

We delete the personal data we hold in the context of your order at the latest after the expiry of statutory warranty periods, insofar as this does not conflict with statutory retention obligations.

5.3 Contact via contact form and e-mail

If you send us a message via the contact form or e-mail enquiries, we will process the information you provide, including the contact details you have given us, in order to process the enquiry. The legal basis for this is Art. 6(1)(b) GDPR (performance of contract – the processing of the user’s data is necessary for the performance of the agreement on answering the questions or requests) or Art 6(1)(f) GDPR (balancing of interests – based on our interest in processing requests from users of our website). Following the processing of your request, we will delete your data.

5.4 Printed advertising materials

At your request, we will be happy to send you our printed advertising materials, such as invitation cards, brochures, etc. We require your contact details for this service. If you would like to unsubscribe from our materials, please email us at datenschutz@karlundfaber.de. The legal basis for this is Art. (6)(1)(b) GDPR (performance of contract) or Art. 6(1)(f) GDPR (balancing of interests – based on our interest in fulfilling requests from users to receive printed advertising materials).

5.5 Appraisal request and request for a status report

If you would like us to value your work of art or provide a condition report on it, we will process the data you have provided, including the contact details you have given us, in order to fulfil your request. The legal basis for this is Art. (6)(1)(b) GDPR (fulfilment of contract) or Art. 6(1)(f) GDPR (balancing of interests – based on our interest in answering valuation enquiries and providing requested status reports).

5.6 Bidder form

In addition, you can use our bidding form to bid on our artworks in writing or by phone. In the interest of the consignors, bids below two thirds of the (lower) estimated price cannot be considered. New customers must send us a copy of their identity document in addition to their contact details. We use the personal data you provide to us for the purpose of processing your request or bid and for the execution of any contract concluded. The legal basis for this is Art. (6)(1)(b) GDPR (performance of contract – the processing of the user’s data is necessary for the performance of the agreement on answering questions or for the initiation or performance of the concluded contract).

5.7 Online live bidding

Karl & Faber cooperates with the portals lot-tissimo (Auction Technology Group Germany GmbH, Oberhafenkontor Stadtdeich 27, 20097 Hamburg, Germany) and Invaluable, LLC (38 Everett St #101, Allston MA 02134, USA). Through these partners you can participate in our auctions live on the Internet (“live bidding”). To participate in live bidding, you must first register on one of the two platforms. Your registration and your contact details will be passed on to us for the purpose of implementing and processing the contract (e.g. for your admission to the auction and for invoicing if you are the highest bidder). The legal basis for this is Art. (6)(1)(b) GDPR (contract performance – the processing of the user’s data is necessary for the initiation or performance of the concluded contract).

5.8 Newsletter

We invite all users of our website and all customers and interested parties to receive a newsletter. They can register by e-mail at info@karlundfaber.de, by fax (089 22 83 350) or by telephone (089 22 18 65).The consent to receive the newsletter can be revoked at any time and without giving reasons. The easiest way to do this is by clicking on the “unsubscribe” link, which can be found in every newsletter. The legal basis for this is Art. 6(1)(a) GDPR in conjunction with your consent.

Our e-mail newsletters is sent by a technical service provider, to whom we pass on the data you provided when registering for the newsletter.

The service provider uses this information to send and statistically evaluate the newsletter on our behalf. For evaluation purposes, the e-mails sent contain so-called web beacons or tracking pixels, which are single-pixel image files stored on our website. This makes it possible to determine whether a newsletter message has been opened and which links, if any, have been clicked on. With the help of so-called conversion tracking, it is also possible to analyse whether a predefined action (e.g. purchase of a product on our website) has taken place after clicking on the link in the newsletter. In addition, technical information is collected (e.g. time of access, IP address, browser type and operating system). The data is collected exclusively in pseudonymous form and is not linked to your other personal data. Any direct personal reference is excluded. This data is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.

If you wish to opt out of analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.

For the dispatch of the newsletter we use the so-called double opt-in procedure. This means that we will only send you our newsletter by e-mail if you have expressly confirmed that you consent to the sending of newsletters. In the first step, you will receive an e-mail with a link which you can use to confirm that you, as the owner of the corresponding e-mail address, wish to receive future newsletters. With the confirmation you give us your consent according to Art. 6(1) lit. a GDPR that we may use your personal data for the purpose of the desired newsletter dispatch.

When you register for the newsletter, we store the e-mail address required for sending as well as the IP address through which you registered for the newsletter and the date and time of registration and confirmation, in order to be able to trace possible misuse at a later date.

Service Provider: Mailchimp
Address: Rocket Science Group, LLC., 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA
Privacy Policy: https://mailchimp.com/legal/privacy/

Because there is a transfer of personal data to the USA, further safeguards are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard data protection clauses with the provider in accordance with Art. 46(2) lit. c GDPR. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured by this contractual extension, we will endeavour to obtain additional arrangements and commitments from the recipient in the USA.

6. Tracking tools for website analysis

6.1 General

We would like to design our websites in the best possible way. We therefore use so-called “tracking” tools in order to technically improve our web offers. The tracking tools allow us to measure the use of our web services. In particular, we collect the following information using tracking tools:

  • Which links in other websites do online users click on to get to karlundfaber.de?
  • Which of our pages are visited when, how often and in which order?
  • What information are users of our website looking for?
  • Which links or offers do the users of our website click on?

From this information, we compile statistics that help us understand the following questions:

  • Which pages are particularly attractive to users of our website?
  • Which articles are our users most interested in?
  • What offers should we make to our users?

In particular, we use the automatically collected data mentioned in section 4.1 above for this purpose. The data is only stored under a pseudonym.

The legal basis for this is your consent within the meaning of Art. 6(1)(a) GDPR and Art. 6(1)(f) GDPR (balancing of interests, based on our interest in adapting the website as well as possible to the interests and needs of users).

6.2 Google Analytics

Our website uses Google Analytics, an internet analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google Analytics uses so-called “cookies”.

Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website and compiling reports on website activity. Google will also use this information to provide the website operator with other services related to the use of the website and the Internet. The IP address sent by your browser as part of Google Analytics is not combined with other data from Google. The processing is carried out in accordance with Art. 6(1) lit. a GDPR on the basis of your consent.

We use Google Analytics only with IP anonymisation enabled. This means that your IP address is only processed by Google in a shortened form.

We have concluded an order processing contract with the service provider, in which we oblige the latter to protect our customers’ data and not to pass it on to third parties.

Because there is a transfer of personal data to the USA, further safeguards are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard data protection clauses with the provider in accordance with Art. 46(2) lit. c GDPR. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured even by this contractual extension, we will endeavour to obtain additional regulations and commitments from the recipient in the USA.

The Google Analytics terms of use and information on data protection can be accessed via the following links:

https://marketingplatform.google.com/about/analytics/terms/gb/

https://policies.google.com/

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. Deletion of user-level and event-level data associated with cookies, user identifiers (e.g. User ID), and advertising IDs (e.g., DoubleClick cookies, Android advertising ID, IDFA [Apple advertiser identifier]) occurs no later than 14 months after collection.

You can prevent cookies from being saved by adjusting the settings of your browser software accordingly. However, we would like to point out that in this case you may not be able to use all functions of this website without restrictions. You can also prevent Google from collecting the data generated by the cookie and from analysing your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at https://tools.google.com/dlpage/gaoptout?hl=en available.

6.3 Facebook Pixel

We use “Facebook Pixel” on our website, a service of Facebook Inc, 1601 S California Ave, Palo Alto, California 94304, USA (hereinafter referred to as: “Facebook”).

If you have given us your consent in accordance with Art. 6(1) sentence 1 lit. a GDPR, we use Facebook Pixel for marketing and optimisation purposes, in particular to place relevant and interesting ads for you on Facebook and thus improve our offer, to make it more interesting for you as a user and to avoid annoying ads.

Facebook Pixel enables Facebook to display our “Facebook Ads” only to those Facebook users who have been visitors to our website, in particular who have shown interest in our online offer. In this case, the Facebook Pixel also makes it possible to check whether a user was redirected to our website after clicking on our Facebook ads. Facebook Pixel uses technical measures such as cookies, which are small text files that are stored locally in the cache of your web browser on your end device. If you are logged in to Facebook with your user account, your visit to our online offer will be noted in your user account. The data collected about you is anonymous to us, so it does not allow us to draw any conclusions about the identity of the user. However, this data can be linked by Facebook to your user account there. If you have a user account with Facebook and are registered, Facebook can assign the visit to your user account.

Because there is a transfer of personal data to the USA, further safeguards are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard data protection clauses with the provider in accordance with Art. 46(2) lit. c GDPR. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured by this contractual extension, we will endeavour to obtain additional arrangements and commitments from the recipient in the USA.

Further information from the third-party provider on data protection can be found on the following Facebook website: https://www.facebook.com/about/privacy.
Information about Facebook Pixel can be found on the following Facebook website: https://www.facebook.com/business/help/651294705016616

You can configure which types of ads are displayed to you within Facebook by visiting the Facebook website below: https://www.facebook.com/settings?tab=ads.

Please note that this setting will be deleted when you delete your cookies. In addition, you can deactivate cookies that are used for reach measurement and advertising purposes via the following websites:
http://optout.networkadvertising.org/
http://www.aboutads.info/choices
http://www.youronlinechoices.com/uk/your-ad-choices/
Please note that this setting will also be deleted when you delete your cookies.

6.4 Pinterest Tag

We use the Pinterest Tag on this website as a service of the social network (“Pinterest”), Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland.

If you have given us your consent in accordance with Art. 6(1) sentence 1 lit. a GDPR, we use the Pinterest Tag for marketing and optimisation purposes, in particular to place relevant and interesting ads for you on Facebook and thus improve our offer, to make it more interesting for you as a user and to avoid annoying ads.

This tag is a fragment of code that gives us and Pinterest insight into a person’s usage patterns on our website. Pinterest uses this information to build audiences for enhanced ad display, to assess and improve the effectiveness of ads, and to determine what types of ads to display to users. Pinterest uses cookies for this purpose. The information generated by the cookies about the use of this website (including your IP address) is transmitted to a Pinterest server in the USA and stored there.

Because there is a transfer of personal data to the USA, further safeguards are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard data protection clauses with the provider in accordance with Art. 46(2) lit. c GDPR. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured by this contractual extension, we will endeavour to obtain additional arrangements and commitments from the recipient in the USA.

Further information on the purpose, scope and further processing and use of the data by Pinterest, as well as your rights in this regard and options for protecting your privacy, can be found in the Pinterest privacy policy: https://about.pinterest.com/en/privacy-policy/.
Information about Facebook Pixel can be found on the following Facebook website: https://help.pinterest.com/en/business/article/track-conversions-with-pinterest-tag

7. Google Maps

Our homepage uses the online map service provider Google Maps via an interface. This allows us to show you interactive maps directly in the website and enables you to use the map function comfortably. The provider of this map service is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. To use the functionalities of Google Maps, it is necessary to store your IP address. The legal basis for the processing of your personal data is your consent given for this purpose in accordance with Art. 6(1) sentence 1 lit. a GDPR.

By using the service, personal data is transferred to the USA. The legal basis for the transfer of your personal data to the USA is your consent in accordance with Art. 49(1) sentence 1 lit. a GDPR. Please note that such transfers of personal data without an appropriateness decision and without appropriate safeguards may put you at risk. The risk is that, due to legislation in the USA, US authorities (in particular the intelligence services) may have access to the personal data. Legal protection options or information on the handling of your data by the US authorities are only possible to a very limited extent or not at all. Accordingly, a level of data protection in accordance with the requirements of the GDPR cannot be guaranteed.

For more information on the handling of user data, please see Google’s privacy policy:
https://policies.google.com/privacy?hl=en&gl=en
Opt-out: https://www.google.com/settings/ads/

8. Video services

8.1 YouTube

On our website, we embed videos from “YouTube”, a social media platform of Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland (hereinafter referred to as “Google”). The legal basis for the processing of your personal data is your consent given for this purpose in accordance with Art. 6(1) sentence 1 lit. a GDPR.

By using the service, personal data is transferred to the USA. The legal basis for the transfer of your personal data to the USA is your consent in accordance with Art. 49(1) sentence 1 lit. a GDPR. Please note that such transfers of personal data without an appropriateness decision and without appropriate safeguards may put you at risk. The risk is that, due to legislation in the USA, US authorities (in particular the intelligence services) may have access to the personal data. Legal protection options or information on the handling of your data by the US authorities are only possible to a very limited extent or not at all. Accordingly, a level of data protection in accordance with the requirements of the GDPR cannot be guaranteed.

If the playback of embedded YouTube videos is started by your consent, the provider “YouTube” uses cookies to collect information about user behaviour. According to information from “YouTube”, these are used for purposes including the collection of video statistics, improvement of the user experience and prevention of abusive behaviour. If you are logged in to Google, your data is directly assigned to your account when you click on a video. If you do not wish to be associated with your profile on YouTube, you must log out before activating the button. Google stores this data as usage profiles and uses it for the purposes of advertising, market research and/or designing its websites to meet user needs. Such an evaluation is carried out (including for non-logged-in users) in particular for displaying needs-based advertising and informing other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles. Please contact Google directly for this purpose.

Third Party Provider Information: Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland
Further information on data protection and data use by Google can be found on the following Google website: https://policies.google.com/privacy?hl=en&gl=en

8.2 Matterport

Our website contains virtual tours of properties that are integrated via the portal my.matterport.com. The operator of this portal is Matterport, Inc., 352 E. Java Dr. Sunnyvale, CA 94089, USA. When you visit one of our pages that contains such a virtual tour, a connection to Matterport’s servers is established. This tells the Matterport server which of our pages you have visited. In addition, Matterport obtains your IP address. This also applies if you are not logged in to Matterport or do not have an account with Matterport. The information collected by Matterport is transmitted to the Matterport server in the USA. If you are logged into your Matterport account, you allow Matterport to associate your browsing behaviour directly with your personal profile. You can prevent this by logging out of your Matterport account. The use of Matterport is in the interest of providing an appealing presentation of our online offers. The legal basis for the processing of your personal data is your consent given for this purpose in accordance with Art. 6(1) sentence 1 lit. a GDPR.

Because there is a transfer of personal data to the USA, further safeguards are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard data protection clauses with the provider in accordance with Art. 46(2) lit. c GDPR. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured even by this contractual extension, we will endeavour to obtain additional regulations and commitments from the recipient in the USA.

https://matterport.com/standard-contractual-clauses

Further information about Matterport can be found at https://matterport.com/legal/privacy-policy/ or https://matterport.com/standard-contractual-clauses.

9. Job applications

If you apply for a job at Karl & Faber, Karl & Faber will store and process the data you provide in order to review and process your application. The legal basis for the data processing associated with this is Art. 6(1)(b) GDPR (contract performance and pre-contractual measures) and Section 26(1) German Federal Data Protection Act (BDSG).

If your application is successful, Karl & Faber will continue to process your data for the purposes of the employment relationship. If your application is not successful, your data will normally be deleted no later than three months after the end of the application process. However, you may consent to Karl & Faber continuing to store your application documents for up to four years. This will enable Karl & Faber to stay in contact with you in the future and present you with suitable jobs. The legal basis for this is Art. 6(1)(a) GDPR in conjunction with your consent. You can revoke this consent at any time, e.g. by sending an e-mail to bewerbungen@karlundfaber.de.

10. Use of external service providers

For the operation of our website, we commission external service providers with data processing (e.g. for the storage of data in data centres). Where necessary, these service providers also process personal data. The service providers are carefully selected and monitored by us. They process the data exclusively in accordance with our instructions and are also bound by this privacy policy.

11. Storage period

Mobil will retain personal data only for as long as is necessary to fulfil the purposes set forth in this document or as otherwise required by law. Data provided by you within the meaning of clause 4.2 will therefore be deleted after six years at the latest after the expiry of any retention periods under commercial and tax law. Automatically collected data as defined in section 4.1 will therefore be deleted or made anonymous after 14 months at the latest.

12. Your rights

You have the following rights in relation to us in respect of personal data relating to you:

  • Right of access,
  • Right of rectification or erasure,
  • Right to restrict processing,
  • Right to data portability.

You also have the right to complain to a data protection supervisory authority about our processing of your personal data.

13. Questions

If you have general questions or suggestions regarding data protection, you can contact us or our data protection officer.

Our contact details:
Karl & Faber Kunstauktionen GmbH
Amiraplatz 3 – Luitpoldblock 3
80333 Munich, Germany
info@karlundfaber.de

Our Data Protection Officer:
Proliance GmbH
Leopoldstraße 21
80802 Munich, Germany
datenschutzbeauftragter@datenschutzexperte.de

February 2021