PRIVACY REGULATIONS OF KOLLENBURG ANTIQUAIRS B.V.
Definitions
In these regulations, the following terms are defined as follows:
· "Personal Data": all information relating to an identified or identifiable natural person ("the data subject"); an identifiable natural person is a person 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": any operation or set of operations which is performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, arranging, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
· "Controller": a natural person or legal entity, government agency, department or another body which, individually or together with others, establishes the objective and means for the processing of personal data. In the case of these privacy regulations, the controller is Kollenburg Antiquairs B.V.
· "Processor": a natural person or legal entity, government agency, department or another body which processes personal data for the controller.
· "Recipient": a natural person or legal entity, government agency, department or another body, in the form of a third party or otherwise, to whom/which the personal data is provided. However, public authorities which may receive personal data within the framework of a particular inquiry in accordance with Union or Member State law will not be regarded as recipients; the processing of such data by those public authorities complies with the data protection rules that apply to the relevant processing purposes.
· "Third Party": a natural person or legal entity, government agency, department or another body, other than the data subject, controller, processor or persons who, under the direct authority of the controller or the processor, are authorised to process personal data.
· "Client": the natural person or legal entity with whom Kollenburg Antiquairs B.V. has concluded an offer or agreement.
Introduction
These privacy regulations relate to the Processing of Personal Data by Kollenburg Antiquairs B.V. within the framework of our services (hereinafter referred to as 'Kollenburg Antiquairs B.V.' or 'we').
Kollenburg Antiquairs B.V. trades in antique art objects. During that process, Kollenburg Antiquairs B.V. acts not only as a seller of its own art objects but also as a seller of art objects given on consignment and as a mediator. Kollenburg Antiquairs B.V. also undertakes appraisal, research, restoration, advice and cataloguing activities. During the provision of its services, Kollenburg Antiquairs B.V. processes certain Personal Data. We treat the Personal Data we process with great care and abide by the applicable legislation, including the General Data Protection Regulation (Dutch AVG). Among other things, this means that Kollenburg Antiquairs B.V.:
· informs you in an understandable and transparent manner of how and for what purposes the Personal Data is processed;
· processes Personal Data for specified purposes only and bases the processing of data on one of the bases mentioned in the GDPR;
· takes appropriate security measures to protect the Personal Data against loss and theft;
· informs you of your rights in connection with the Personal Data processed by Kollenburg Antiquairs B.V.
The above subjects are discussed in these privacy regulations. These privacy regulations are divided into three sections.
A. Section A explains how Kollenburg Antiquairs B.V. handles the Personal Data of Clients. This section also explains for what purpose and on what basis the Personal Data of Users are processed and how long the retention period is.
B. Section B explains how Kollenburg Antiquairs B.V. handles Personal Data received by Kollenburg Antiquairs B.V. via the website of Kollenburg Antiquairs B.V.
C. Section C explains how Kollenburg Antiquairs B.V. secures your Personal Data, what your rights are and whom you can contact if you have any questions or complaints about these privacy regulations.
Lawful Processing
Kollenburg Antiquairs B.V. guarantees that Personal Data that is not incompatible with the purposes for which it has been received will be processed on a fully lawful basis only. With a view to the purposes for which it is processed, Personal Data must be sufficient and relevant; we do not process more Personal Data than is required for the purpose. Your Personal Data will be processed only by employees of Kollenburg Antiquairs B.V., who have signed a non-disclosure agreement. These privacy regulations are formed and managed under the responsibility of the management board of Kollenburg Antiquairs B.V.
Section A
1. Personal Data processed by Kollenburg Antiquairs B.V.
Kollenburg Antiquairs B.V. may process the following Personal Data of Clients:
- Name (and title, if applicable).
- Address details.
- E-mail address.
- Telephone number.
- Date of birth.
- Bank account number.
- A copy of your proof of ID/citizen service number.
- Financial transactions between Kollenburg Antiquairs B.V. and the Client (including the payment of taxes on those transactions and including payments in connection with permits or import/export duties).
- Information about the intended purpose and nature of transactions between Kollenburg Antiquairs B.V. and the Client.
- Information about the origins of the funds with which a transaction of €10,000.00 or more between the Client and Kollenburg Antiquairs B.V. is concluded.
- Information about the risk profile of a Client who concludes a transaction with Kollenburg Antiquairs B.V. of €10,000.00 or more.
- What art objects have been purchased from Kollenburg Antiquairs B.V., on what date, for what amount and how this purchase was paid for.
- What art objects have been sold to Kollenburg Antiquairs B.V., on what date, for what amount and how Kollenburg Antiquairs B.V. paid the Client for them.
- What art objects have been given to Kollenburg Antiquairs B.V. on consignment, on what date, under which conditions and for how long.
- To what art objects an agreed instruction applies.
- All agreements concluded with Kollenburg Antiquairs B.V.
- All correspondence conducted with Kollenburg Antiquairs B.V.
- Insurance details in connection with the art objects to which the agreement between Kollenburg Antiquairs B.V. and the Client relates.
- Information needed by Kollenburg Antiquairs B.V. in connection to instigating legal proceedings.
- CCTV footage in the gallery.
2. How Personal Data is collected
Kollenburg Antiquairs B.V. collects the Personal Data when you furnish it for the conclusion of an agreement with Kollenburg Antiquairs B.V., when you complete a contact form on the website of Kollenburg Antiquairs B.V. or otherwise seek contact with Kollenburg Antiquairs B.V., in the course of which you show an interest in concluding an agreement with Kollenburg Antiquairs B.V.
3. Purposes
Kollenburg Antiquairs B.V. processes the aforementioned Personal Data for the following purposes:
- To conclude an agreement between the Client and Kollenburg Antiquairs B.V.;
- To perform the agreement concluded between the Client and Kollenburg Antiquairs B.V., including:
o Being able to maintain contact with the Client,
o Being able to send invoices to the Client,
o Being able to make payments to the Client,
o Being able to send purchased goods,
o Visits to the Client for appraisal, research, cataloguing or advice activities,
o Being able to send appraisal, research, advice reports and catalogues,
o Being able to mediate between the Client and potential other parties,
o Making purchases on consignment on behalf of the Client.
- Maintaining contact with the Client by sending newsletters, if you subscribed to them.
- Keeping internal (accounting) records.
- Complying with Kollenburg Antiquairs B.V. statutory obligations to keep records in connection with, for instance, statutory client screening, fraud prevention, money-laundering prevention and tax legislation.
- Keeping provenance (information about the origins) of the art objects researched and traded by Kollenburg Antiquairs B.V., in the social and legitimate interest of the controller (Kollenburg Antiquairs B.V.). More specifically, the Client's interest in or ownership of an art object that is traded or researched by Kollenburg Antiquairs B.V.; information about (accusations of) fraud, theft or other unlawful activities in connection with any art object linked to you, traded or researched by Kollenburg Antiquairs B.V.; communication with the police, the judiciary, authorities or other enforcement authorities in connection with the Client or art objects owned by the Client.
- Keeping employees of Kollenburg Antiquairs B.V., the Client and the art objects in the gallery of Kollenburg Antiquairs B.V. safe (CCTV footage).
4. Bases
Kollenburg Antiquairs B.V. can process your Personal Data on the following bases:
- Your Personal Data must be processed to perform the agreement concluded between you, being the Client, and Kollenburg Antiquairs B.V.
- Kollenburg Antiquairs B.V. must process your Personal Data to be able to fulfil its obligations under the law:
o (For instance) Under 'Directive 2018/843 of 30 May 2018 amending (EU) Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing' and the Dutch 'Money Laundering and Terrorist Financing (Prevention) Act', every time Kollenburg Antiquairs B.V. enters into a relationship and the value of the transaction or a series of linked transactions is €10,000.00 or more, it is obliged to retain the following details before entering into the business relationship or completing the transaction and for a period of five years after the end of the business relationship or occasional transaction between Kollenburg Antiquairs B.V. and the Client and to make those details available to the Financial Intelligence Unit of the Netherlands if requested to do so by the latter (or if Kollenburg Antiquairs B.V. has a legal duty of disclosure):
§ Personal details (name, address, age, gender),
§ Documents to verify the identity,
§ If the Client is a legal entity, the aforementioned details of the ultimate beneficiary natural person behind that legal entity, and that natural person's financial interest in the Client,
§ The Client's risk profile,
§ All information and proof of the financial transactions conducted between Kollenburg Antiquairs B.V. and the Client,
§ (Information about) the origins of the funds used by the Client,
§ The purpose and intended nature of the transactions conducted during the business relationship between Kollenburg Antiquairs B.V. and the Client.
- Your Personal Data must be processed for the fulfilment of a duty ensuing from the general interest vested in Kollenburg Antiquairs B.V., i.e. conducting art history research, keeping provenance of the art objects traded and researched by Kollenburg Antiquairs B.V. and fraud prevention.
- The processing of your Personal Data is in the legitimate interest of Kollenburg Antiquairs B.V., namely keeping the internal records.
- If none of the aforementioned bases applies, Kollenburg Antiquairs B.V. can process your Personal Data on the basis of your explicitly granted consent, if you have given such consent. You can withdraw your consent at any time.
5. Retention period
Kollenburg Antiquairs B.V. will remove your Personal Data if you instruct them to do so (unless your Personal Data must be registered by virtue of one of the aforementioned bases, for instance in the event of a legal duty) or if the (legal) basis to process the Personal Data no longer exists.
The Personal Data needed to fulfil our statutory requirement to keep records will be kept throughout the statutory retention period. Other Personal Data will be removed after the termination of our relationship with the Client.
Section B
1. Details of visitors of the Kollenburg Antiquairs B.V. website
Contact form
If you contact us by e-mail or the contact form, the details you provide will be saved to be able to process your request and any follow-up questions.
The removal of data or restriction of data Processing
We assume the principle of saving as few data as possible. That is why we will save your Personal Data only for as long as is needed for the aforementioned purposes or for as long as we are obliged to do so, based on the retention periods repeatedly prescribed by the legislator. After the purpose or terms have expired, the data in question are removed or the Processing is restricted by default and in line with the statutory regulations.
Cookies
Like many other websites, our website uses cookies. Cookies are small text files that are installed on your hard disk via a website server. This automatically provides us with certain data about your computer such as your IP address, the browser and operating system used and your Internet connection.
Cookies cannot be used to start programs or to install viruses on a computer. The data in the cookies enables us to improve your surfing experience on our website and to display our web pages correctly.
We will never disclose the data recorded by us to third parties or link it to Personal Data without your consent.
Naturally, you can, in principle, also view our website without cookies. The settings of Internet browsers are set to accepting cookies. You can disable the use of cookies via your browser settings at all times. Use the help feature of your Internet browser to find out how to change the settings. Bear in mind that some applications on our website may not work properly if you disable cookies.
Your rights to inspection, rectification, restriction of Processing, removal and objection
You have the right to inspect your Personal Data saved by us at any time. You also have the right to rectify, restrict access to or - aside from the data storage mandatory for the processing of matters - remove your Personal Data. Please contact us about this. Our contact details are given at the bottom of this document.
To ensure that a restriction of the Processing of data can be observed at all times, these data must be kept available in a restricted-access file for verification purposes. You can also ask to have the data removed, insofar as no statutory retention obligation is in place. If such an obligation is in place, we will restrict the Processing of your data at your request.
You can notify us of changes or a revocation of your consent by sending us a relevant notification. This cannot be done with retrospective effect.
Questions
If you have any questions about data protection, please send us an e-mail or letter.
Our correspondence address is:
Kollenburg Antiquairs B.V.
P.O. Box 171
5688 ZK OIRSCHOT
The Netherlands
We can be contacted on:
E-mail: info@kollenburgantiquairs.com
Telephone: 0031(0)499578037
Section C
Security
It is very important to properly protect your Personal Data. Kollenburg Antiquairs B.V. will take, maintain and, if necessary, adapt all reasonable and appropriate technical and organisational measures to secure the confidentiality and availability of your Personal Data and to protect your Personal Data against loss, unlawful distribution, unauthorised use or unauthorised access to the saved and processed data. These measures will at all times offer a good level of protection, given the current and future state of the art.
To be able to safeguard the security of your Personal Data, Kollenburg Antiquairs B.V. will ensure that your Personal Data processed by Kollenburg Antiquairs B.V. and the Personal Data saved on the record-keeping systems of Kollenburg Antiquairs B.V. are saved securely and cannot be accessed by unauthorised individuals. We also conclude non-disclosure agreements with all our employees and Third Parties and/or Processors if they are provided with Personal Data. If a security breach does occur, despite the security measures taken, we will take measures to minimise the impact on your privacy.
Data Breach procedure
Despite the technical and organisational measures taken by Kollenburg Antiquairs B.V., a Personal Data breach may occur, in the course of which the Personal Data is effectively destroyed or lost, changed, disclosed or made accessible in an unlawful manner (hereinafter referred to as 'Data Breach'). In its capacity as Controller, Kollenburg Antiquairs B.V. will determine whether the Data Breach must be reported to the Dutch Data Protection Authority and the data subject or subjects, if applicable. The responsibility for the (correct, timely and complete) notification to the Dutch Data Protection Authority and the data subject or subjects, if applicable, within the applicable statutory term lies with Kollenburg Antiquairs B.V.
Disclosing Personal Data to Third Parties and Processors
Under certain circumstances, Personal Data can be disclosed to Third Parties and Processors. Kollenburg Antiquairs B.V. will always conclude an agreement with the aforementioned Third Parties and Processors, setting out detailed agreements about the confidentiality, integrity and protection of the Personal Data.
Kollenburg Antiquairs B.V. may pass your data to Third Parties when such is needed to perform the agreement (such as transporting your purchased/researched art objects) or when Kollenburg Antiquairs B.V. is obliged to do so by law (for instance, when the Financial Intelligence Unit of the Netherlands asks for that data under the Dutch Money Laundering and Terrorist Financing (Prevention) Act).
Forwarding Personal Data
We may process your Personal Data in and outside of the European Union, as this Data can be 'forwarded' to a foreign company. This will only be done if it is essential to performing the agreement between Kollenburg Antiquairs B.V. and the Client, or with your consent. Examples include arranging the transport of your (purchased) art object or contact with external art history researchers in connection with research into your art object. If Personal Data is processed in or outside of the European Union, Kollenburg Antiquairs B.V. will conclude an agreement with that foreign Processor, setting out detailed agreements about the confidentiality, integrity and protection of the Personal Data.
Your rights
You have the right to ask us in writing for:
Inspection of your Personal Data
You have the right to learn about the processed data that relates to your person and you are entitled to a copy thereof. On request, we will notify an individual in writing if we process Personal Data that relates to him or her. We will do so as soon as possible but no later than four weeks after receiving the request.
If the data do relate to the individual, we will send him or her a full written overview of the purpose or purposes of the data processing, the categories of data which the Processing relates to, the categories of Recipients of the data, as well as the origins of the data. Kollenburg Antiquairs B.V. may refuse to comply with a request if and insofar such is needed in connection with the protection of the data subject or subjects or Third-Party rights and freedoms.
Rectification and/or removal and/or restriction of your Personal Data
At a data subject's written request, we will improve, supplement, remove, restrict and/or block (the right to be forgotten) the requestor's processed Personal Data, if and insofar as these data are effectively incorrect, incomplete for Processing purposes, irrelevant or cover more than is needed for registration purposes, or if the data are otherwise processed in breach of a statutory regulation. The data subject's request must contain the changes to be made. We also ask you to explain why you do not agree with the data processing.
We will tell you as soon as possible whether or not we can comply with your request. Kollenburg Antiquairs B.V. ensures that a decision to improve, supplement, remove and/or block data is implemented within 14 business days and when such is not reasonably possible, as soon as possible thereafter.
We will remove your data after a relevant request if:
· the data are no longer needed for the purpose for which we processed them;
· you object to the Processing of the Personal Data and there is no reason for us to process the data any longer;
· the Personal Data should not have been processed by us (unlawful Processing);
· the law obliges us to remove the Personal Data.
Complaints procedure
If you believe the provisions of these privacy regulations are not complied with or if your rights in connection with the Processing of Personal Data are not respected, please notify us of your complaint via the following contact details:
Our correspondence address is:
Kollenburg Antiquairs B.V.
P.O. Box 171
5688 ZK OIRSCHOT
The Netherlands
We can be contacted on:
E-mail: info@kollenburgantiquairs.com
Telephone: 0031(0)499578037
If you believe your Personal Data is not treated correctly, you can also contact the Dutch Data Protection Authority and ask them for mediation or advice.
Contact details
If you have any questions about these privacy regulations or the Processing of your Personal Data by Kollenburg Antiquairs B.V., please contact us via the following contact details:
Our correspondence address is:
Kollenburg Antiquairs B.V.
P.O. Box 171
5688 ZK OIRSCHOT
The Netherlands
We can be contacted on:
E-mail: info@kollenburgantiquairs.com
Telephone: 0031(0)499578037
Changes and entry into force
We reserve the right to change these privacy regulations. Changes will be published on our website. We recommend consulting these privacy regulations on a regular basis, to keep yourself informed of any changes. If these privacy regulations are changed significantly, we will notify the Clients whose e-mail address we have on record.
The privacy regulations can be consulted and downloaded, free of charge, on our website: https://www.kollenburgantiquairs.com
These privacy regulations were most recently changed on 07-10-2020.
