- We take your privacy seriously. In particular, we are committed to ensuring that your Personal Data is protected in accordance with our legal obligations under the Data Protection Directive 95/46 (as amended), the Personal Data (Privacy) Ordinance in Hong Kong and other applicable national data protection laws.
- Nothing in this Policy is intended to prejudice any rights that you may have in relation to your Personal Data under applicable data protection law.
We may collect the following Personal Data about you:
- Details of personal identification, including copies of government-issued identification such as passport and driving license;
- Account details and other information relating to your transactions/dealings with us and your use of our Services;
- Payment data such as credit card and bank account details;
- A record of telephone conversations, for example relating to live bidding;
- Credit history (where you open an account with us as a buyer or bidder);
- Information on your collecting preferences and aspirations, your art collection and your art acquisitions and disposals; and
- Other information that you submit to us, for example, when you have a comment/complaint, submit a question, take part in a customer survey or where you express an interest in receiving marketing material or request further information.
- Please note that our Bids and Shipping Departments may seek your credit card details and/or bank account information by email in order to take payment for transactions or guarantee payments.
In the EU, certain personal data is known as sensitive data. Sensitive data is defined as data related to:
- (a) racial or ethnic origin
- (b) political opinions
- (c) religious beliefs or other beliefs of a similar nature
- (d) trade union membership (within the meaning of the M1Trade Union and Labour Relations (Consolidation) Act 1992)
- (e) physical or mental health or condition
- (f) sexual life
- (g) the commission or alleged commission of any offence, or
- (h) any proceedings for any offence committed or alleged to have been committed, the disposal of such proceedings or the sentence of any court in such proceedings.
We store and use Personal Data that we collect for the following purposes:
- to provide you with products and services;
- to perform or enforce any contract that we have with you;
- to understand your needs and provide you with a better service or generally improve our services and products;
- to contact you for market research purposes. We may contact you by email, phone, fax or mail;
- to customise our website in line with your particular interests or preferences;.
- for our internal business record keeping, tax, accounting and audit purposes;
- to carry out identity and credit checks (for example, in relation to buyers and bidders);
- to collect moneys owed to us or our consignors;
- in connection with legal and regulatory matters that we need to deal with; and
- other lawful purposes as may be notified to you from time to time.
We may transfer your Personal Data externally:
- to professional advisors, third party suppliers or subcontractors who perform our contract obligations or who assist us in conducting our business such as data hosting, call centre operations, credit agencies, e-mail management services analytics or other services in relation to our website or Services; and
- when we believe it is necessary to comply with the law; or we need to do this in connection with protecting our business or enforcing our legal rights, or we need to protect another person's rights, property, or safety or we need to act against actual or suspected illegal activity and reduce unwarranted risk to our business. This includes, but is not limited to, exchanging information with third parties such as the police, law enforcement agencies, the courts, fraud prevention agencies, debt collection agencies and regulatory authorities.
- Unless you are located in Hong Kong, we may (with your permission) use and share your Personal Data with other companies in the Phillips Group and carefully selected third parties to send you promotional information which you may find interesting. If you are located in Hong Kong, we may (with your permission) only transfer your name, address, email address, telephone and/or fax number within the Phillips Group such that any company in the Phillips Group can send you promotional information about auction, private sale, valuation, financing and other services which they provide.
- All use of your Personal Data will be subject to us observing applicable legal obligations and your legal rights (see the ‘Your Legal Rights’ section below).
- We are committed to ensuring that any Personal Data we hold about you is properly safeguarded. In order to prevent unauthorised access or disclosure, we have put in place appropriate physical, electronic and managerial procedures to protect your Personal Data against unauthorised access or disclosure and any loss, destruction or damage.
- We endeavour to take all reasonable steps to protect your Personal Data from external threats, however, please be aware that there are inherent security risks of sending information by public networks or on public computers and we cannot therefore guarantee the security of any data disclosed or transmitted over the internet.
- Where you sign-up to participate in auctions or receive other Services, you may be provided with log-in information and may have the ability to set passwords to allow you to access a personal account page. Where we do so, it is on the condition that you will be responsible for ensuring that such log-in information and any passwords are kept secure and confidential at all times. You will not share any log-in information or passwords, without our express authorisation. We cannot be responsible for any loss or damage caused by your negligence, misuse of log-in details or your decision to share account access with others.
- Sometimes unauthorised individuals send e-mail messages to consumers, purporting to represent a legitimate company, requesting that the consumer provide personal, often sensitive information, using the information (such as the email and domain names of) a legitimate, trusted company. In reality, such information is sought for identity theft. This illegal activity has come to be known as "phishing."
- If you receive an e-mail or other correspondence requesting that you provide any sensitive information via e-mail or to a website that seems suspicious to you, please do not provide such information, and report such request to us.
- A cookie is a small text file which is placed on your computer's hard drive.
- Cookies are used to enable web sites to be customised to users’ needs, likes and dislikes by gathering and remembering information about that user’s preferences. A cookie may be added to your computer and will then help analyse your browsing or remember your log-in details next time you visit.
- We use traffic log cookies to identify which pages of our website are being used. This helps us improve our website in order to tailor it to customers’ needs. We only use this information for statistical analysis purposes.
- Overall, cookies should help us provide a better website, by enabling us to monitor which pages users find useful and which they do not.
- A cookie in no way gives us access to your computer or any confidential information about you.
- You can usually choose to accept or decline cookies through the settings on your web-browser (e.g. Internet Explorer).
- If you refuse to accept cookies, this may prevent you from taking full advantage of all the features on this website.
- Our website may contain links to other external websites (‘Third Party Websites’). We do not have any control over such Third Party Websites to which we link and we cannot be held responsible for the privacy of any Personal Data which you provide after you have used any link on our website to visit these Third Party Websites. You should exercise caution and look for any applicable privacy statement appearing on such Third Party Website.
In accordance with your legal rights, you may request the following in connection with your Personal Data:
- You can indicate to us at any time that you do not want your Personal Data to be used by us for direct marketing purposes, or that you do not want us to share your Personal Data with third parties. Please note that, due to the global nature of our operations, it may take several business days to process your request, and during that time, you may continue to receive marketing information;
- You can tell us if Personal Data that we hold about you is inaccurate or out of date;
- You can ask us not to process Personal Data about you that causes substantial unwarranted damage or distress, however we may not always be bound to act on such a request (e.g. if we need to continue to process your data for contractual or legal reasons); and
- You may request information regarding the Personal Data which we hold about you in the UK and/or in Hong Kong in accordance with the Data Protection Act and/or the Personal Data (Privacy) Ordinance.
If you would like to make such a request please get in touch using the address in the ‘Contact Us’ section below. Please note that a small administration fee may be payable and we may ask for further information to clarify your request or verify your identity before responding to your request.
Personal Data that we collect
What we do with the Personal Data
To whom we may pass your Personal Data?
Consent to worldwide transfer and processing of Personal Data
Links to Other Websites
Your Legal Rights
Copyright © Phillips Auctioneers LLC and Phillips Auctioneers Limited
Last modified: February 2015