SPINK GROUP PRIVACY NOTICE

ABOUT THIS NOTICE

Spink is committed to protecting the privacy and security of your personal information. This privacy notice describes how we collect and use personal information about you in accordance with data protection law. Please read it carefully.

Data protection law says that the personal information we hold about you must be:

• Used lawfully, fairly and in a transparent way.
• Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
• Relevant to the purposes we have told you about and limited only to those purposes.
• Accurate and kept up to date.
• Kept only as long as necessary for the purposes we have told you about.
• Kept securely

If you have any questions about this notice or how we collect and use personal information about you please contact [email protected] or any of our offices below.

1 INFORMATION ABOUT US

Spink Group is comprised of a number of companies internationally (listed below) who may use and store your personal information independently or jointly with our main office in the UK. Where any of our offices use your information jointly with the UK office, the UK office will be responsible for any decisions made about how to use your information, keeping it secure, and responding to any requests you may make in relation to your information. When we refer to “us” or “we” in this notice, we are referring to any and all of the companies which form Spink Group.

Spink and Son, Ltd., 69 Southampton Row, Bloomsbury, London, WC1B 4ET, Great Britain

Company no. 04369748

+44 20 7563 4000

[email protected]

Spink USA, 145 W. 57th St., 18th Floor, 10019, New York, USA

Tax ID no. 412248450

+1 646 941 8664

[email protected]

Spink China, 4/F and 5/F, Hua Fu Commercial Building, 111 Queen's Road West, Sheung Wan, Hong Kong

Company No. 1672599

+852 3952 3000

[email protected]

Spink Asia, Registered at: 50 Raffles Place, #17-01 Singapore Land Tower, 048623, Singapore

Company No. 200203446H

[email protected]

Spink Switzerland, Via Livio 8, 6830 Chiasso, Switzerland

CHE-243.307.519

+41 91 911 62 00

[email protected]

2 CONTRACT INFORMATION AND OTHER CORRESPONDENCE
2.1 When you enter into a contract with us (or someone does so on your behalf) there will be personal information about you relating to that contract such as your name, contact details, contract details, delivery details, and correspondence with us about the contract.

2.2 We need certain information to carry out our contract with you and you must provide this in order to enter into a contract with us (or as required under that contract). If you do not, we may not be able to carry out our contract with you. Mandatory information fields are generally set out when you are entering into the contract, but in particular, you must provide the following information:

2.2.1 Your name and contact details.
2.2.2 Your delivery address.
2.2.3 Your payment details (in some circumstances, we will make this clear to you when they are required).
2.2.4 Information to verify your identity and other information for us to carry out anti money laundering checks.

2.3 Other correspondence or interaction (for example by email, telephone, post, SMS or via our website) between you and us, will include personal information (such as names and contact details) in that correspondence. This may include notifications related to your collecting interests, enquiries, reviews, follow-up comments or complaints lodged by or against you and disputes with you or your organisation.

2.4 Call information. We may also collect details of phone numbers used to call our organisation and the date, time and duration of any calls. Please note that if we record your calls to or from us, we will inform you of this.

2.5 We will keep and use that information to carry out our contract with you (if applicable), to comply with any legal requirements for us to maintain certain records or carry out certain verifications, and/or for our legitimate interests in dealing with a complaint or enquiry and administering your (or your organisation’s) account or order and any services we offer, as well as to review and improve our offerings, including troubleshooting, data analysis, testing, research, statistical and survey purposes.


3 MARKETING

3.1 We may collect your name and contact details (such as your email address, phone number or address) in order to send you information about our products and services which you might be interested in. We may collect this directly from you, or through a third party. If a third party collected your name and contact details, they will only pass those details to us for marketing purposes if you have consented to them doing so.

3.2 You always have the right to “opt out” of receiving our marketing. You can exercise the right at any time by contacting us. If we send you any marketing emails, we will always provide an unsubscribe option to allow you to opt out of any further marketing emails. If you “opt-out” of our marketing materials you will be added to our suppression list to ensure we do not accidentally send you further marketing. Where you unsubscribe from any postal marketing, you may initially still receive some content which has already been printed or sent, but we will remove you from any future campaigns. We may still need to contact you for administrative or operational purposes, but we will make sure that those communications don’t include direct marketing.

3.3 If you are an existing customer or are acting as a business we use your contact details as necessary for our legitimate interests in marketing to you and maintaining a list of potential customers.

3.4 If you are not an existing customer, and are not acting as a business, we will only contact you for marketing purposes with your consent (whether we have collected your details directly from you, or through a third party).

3.5 We never share your name or contact details with third parties for marketing purposes. We do use third party service providers to send out our marketing, but we only allow them to use that information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

3.6 We retain your details on our marketing list until you “opt-out” at which point we add you to our suppression list. We keep that suppression list indefinitely to comply with our legal obligations to ensure we don’t accidentally send you any more marketing.


4 WEBSITE INFORMATION

4.1 We may collect information about you and your use of our website via technical means such as cookies, IP addresses, webpage counters and other analytics tools. We use this as necessary for our legitimate interests in administering our website and to ensure it operates effectively and securely.

4.2 A cookie is a small data file that is downloaded from our website to your computer. Cookies distinguish you from other users of our website and make it easier to use site in different ways: it may store details that you submit on the site, such as your personal settings, your location so you don’t need to enter information more than once.

Our sites use essential cookies that are required for the operation of our site. Cookies allow us to track when you enter, leave, and re-enter our sites and what path you take through our sites.

We also use: Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services and Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

4.3 Our website may, from time to time, contain links to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.


5 EMPLOYEE INFORMATION

5.1 If you work for one of our customers, suppliers or business partners, the information we collect about you may include your contact information, details of your employment and our relationship with you. This information may be collected directly from you, or provided by your organisation. Your organisation should have informed you that your information would be provided to us, and directed you to this policy. We use this as necessary for our legitimate interests in managing our relationship with your organisation. If we have a business relationship with you or your organisation, we may receive information about you from your organisation.


6 INFORMATION COLLECTED AT OUR PREMISES

6.1 Visitor information. We collect information about visitors to our premises. We may record information on your visit, including the date and time, who you are visiting, your name, employer and contact details. If you have an accident at our premises, this may include an account of your accident.

6.2 CCTV. We may operate CCTV at our premises which may record you and your activities. We display notices to make it clear what areas are subject to surveillance. We only release footage following a warrant or formal request from law enforcement, or as necessary in relation to disputes.

6.3 We use this information as necessary for our legitimate interests in administering your visit, ensuring site security and visitor safety.


7 JOB APPLICANTS

7.1 We will collect and hold information on job applicants, including information you provide to us in your application, or provided to us by recruitment agencies, as well as information on you from any referees you provide.

7.2 We use this as necessary to enter into an employment contract with you, and for our legitimate interests in evaluating candidates and recording our recruitment activities, and as necessary to exercise and perform our employment law obligations and rights.

7.3 If you are successful in your application, your information will be used and kept in accordance with our internal privacy notice. If you currently work for us, or used to work for us, you can request a copy of this from us. If you are not successful in your application, you information will be held for up to 6 months after the relevant round of recruitment has finished.

7.4 You must provide certain information (such as your name, contact details, professional and educational history) for us to consider your application fully. If you have not provided all of this information, we may contact you to ask for it. If you do not wish to provide this information, we may not be able to properly consider your application.

7.5 If you are listed as a referee by an applicant, we will hold your name, contact details, professional information about you (such as your employer and job title) and details of your relationship with the applicant. We will use this information as necessary for our legitimate interests in evaluating candidates and as necessary to exercise and perform our employment law obligations and rights. Your information will be kept alongside the applicant’s information.

7.6 If you are listed as an emergency contact by someone who works for us, we will hold your name, contact details and details of your relationship with that worker. We will use this to contact you as necessary to carry out our obligations under employment law, to protect the vital interests of that worker, and for our legitimate interests in administering our relationship with that worker. Your information will be kept until it is updated by that worker, or we no longer need to contact that worker after they have stopped working for us.


8 LEGAL CLAIMS

8.1 Where we consider there to be a risk that we may need to defend or bring legal claims, we may retain your personal information as necessary for our legitimate interests in ensuring that we can properly bring or defend legal claims. We may also need to share this information with our insurers or legal advisers. How long we keep this information for will depend on the nature of the claim and how long we consider there to be a risk that we will need to defend or bring a claim.


9 INFORMATION WE RECEIVE FROM THIRD PARTIES

9.1 We may also receive information about you from the following sources:

9.1.1 Our service providers. We work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies) who may provide us with information about you, to be used as set out above.

9.1.2 Businesses we have bought. If we have acquired another business, or substantially all of its assets, which originally held your information, we will hold and use the information you provided to them, or which they otherwise held about you, in accordance with this privacy notice.

9.1.3 Our other channels. This is information we receive about you if you use any of the other websites we operate or the other services or products we provide. In this case we will have informed you when we collected that data if we intend to share those data internally and combine it with data collected on this website. We will also have told you for what purpose we will share and combine your data.

9.1.4 Publicly available sources. We obtain information from the following publicly available sources: Exhibition brochures, Companies House or LinkedIn and social media platforms.

9.1.5 Credit information. We may also collect credit information on you from third party reference agencies with your consent.


10 SPECIAL CATEGORIES OF DATA

We do not collect any “special categories” of more sensitive personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your genetic and biometric data).

10.1 We may collect and use the following “special category” of more sensitive personal information in the following situations:

10.1.1 Information about your health, which is provided by you when this has resulted in default/delay of payment to us. We use this as necessary for our legitimate interests in confirming your stated reasons for default/delay, and on the basis that it has been manifestly made public to us for this purpose. This will be deleted once payment has been received.

10.1.2 Information about criminal convictions and offences if this relates to your past unsatisfactory transactions with us. We use this as necessary for our legitimate interests in (and as necessary for the substantial public interest in) preventing and identifying fraud, as well as in relation to potential legal claims.


11 WHY ELSE DO WE USE YOUR INFORMATION?

11.1 Common uses of your information. We will only use your personal information when the law allows us to do so. Although in limited circumstances we may use your information because you have specifically consented to it, we generally use your information in the ways set out in this notice because:

11.1.1 we need to perform a contract we have entered into with you.

11.1.2 we need to comply with a legal obligation.

11.1.3 it is necessary for our legitimate interests (or those of a third party) and your interests and rights do not override those interests.

11.1.4 we need to protect your interests (or someone else’s interests) or where it is needed in the public interest (although these circumstances are likely to be rare).

11.2 Change of purpose. We will only use your personal information for the purposes for which we collected it as set out in this notice, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis, which allows us to do so.


12 SHARING YOUR INFORMATION

As well as any sharing listed above, we may also share your information with third parties, including third-party service providers and other entities in our group. Third parties are required to respect the security of your personal information and to treat it in accordance with the law. We never sell your data to third parties.

12.1 Why might we share your personal information with third parties? We may share your personal information with third parties if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our agreements with you, or to protect the rights, property, or safety of us, our customers, or others or where we have another legitimate interest in doing so. This may include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. We also may share your personal information when holding joint auctions with other auction houses in order to comply with the legislation of the country where the auction is taking place.

12.2 Which third-party service providers process your personal information?
12.2.1 We also may need to share your personal information for third-party service providers (including contractors and designated agents) so that they can carry out their services.
12.2.2 The following activities are carried out by third-party service providers:
Shipping/delivery companies
Live bidding
Custom and clearing agents
Order fulfilment
Payment processing
IT services
Legal advice

12.3 When might we share your personal information with other entities in the group? We may share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, and for system maintenance support and hosting of data.

12.4 How secure is your information with third-party service providers and other entities in our group? All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information. Where third parties process your personal information on our behalf as “data processors” they must do so only on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

12.5 What about other third parties? We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business where necessary in connection with the purposes, which your information was collected for. We may also need to share your personal information with a regulator or to otherwise comply with the law.


13 WHERE WE STORE YOUR INFORMATION

13.1 The personal information you provide to us is stored on servers in London, New York, Hong Kong and Chiasso (Switzerland).

13.2 It may also be processed by staff operating outside the UK and EU who work for us or for one of our service providers (in particular, our group companies as set out in the “Information About Us” section above.

13.3 We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this privacy notice.

13.4 Some countries or organisations outside of the UK and the EU which we may transfer your information to will have an “adequacy decision” in place, meaning the EU considers them to have an adequate data protection regime in place. These are set out on the European Commission website.

13.5 If we transfer data to countries or organisations outside of the UK and the EU which the EU does not consider to have an adequate data protection regime in place, we will ensure that appropriate safeguards (for example, model clauses approved by the EU or a data protection authority) are put in place where required.

To obtain more details of these safeguards, please contact us.


14 DATA SECURITY

14.1 As well as the measures set out above in relation to sharing of your information, we have put in place appropriate internal security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

14.2 We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where necessary.

14.3 Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us via our website or otherwise. Any transmission is at your own risk.

15.1 We will retain your personal data for as long as is necessary to provide the relevant services, maintain business records to satisfy tax, legal and other regulatory requirements, and protect and defend against potential legal claims.

15.2 In the context of our research and records on ownership of collectables to assist with checks on authenticity, provenance and title, we will keep this data for as long as the record is relevant to our legitimate business interest and the public interest.

15.3 Payment information is collected by us and is retained for a period of up to 1 year after the date of the transaction.

15.4 CCTV recordings and visitor information may be kept for a period of up to 90 days (unless an incident occurs and it is necessary for us to keep recordings for longer to properly deal with it).

15.5 We keep the website information about you for up to 2 years from when it is collected or the relevant cookie expires.

15.6 To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

15.7 In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.


16 YOUR RIGHTS

16.1 Data protection law gives you a number of rights when it comes to personal information we hold about you. The key rights are set out below. More information about your rights can be obtained from the Information Commissioner’s Office (ICO). Under certain circumstances, by law you have the right to:

16.1.1 Be informed in a clear, transparent and easily understandable way about how we use your personal information and about your rights. This is why we are providing you with the information in this notice. If you require any further information about how we use your personal information, please let us know.

16.1.2 Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

16.1.3 Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

16.1.4 Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it (for instance, we may need to continue using your personal data to comply with our legal obligations). You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).

16.1.5 Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to us using your information on this basis and we do not have a compelling legitimate basis for doing so which overrides your rights, interests and freedoms (for instance, we may need it to defend a legal claim). You also have the right to object where we are processing your personal information for direct marketing purposes.

16.1.6 Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

16.1.7 Request the transfer of your personal information to another party where you provided it to us and we are using it based on your consent, or to carry out a contract with you, and we process it using automated means.

16.1.8 Withdraw consent. In the limited circumstances where we are relying on your consent (as opposed to the other bases set out above) to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate interest in doing so.

16.1.9 Lodge a complaint. If you think that we are using your information in a way which breaches data protection law, you have the right to lodge a complaint with your national data protection supervisory authority (if you are in the UK, this will be the ICO).

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal information, withdraw your consent to the processing of your personal information or request that we transfer a copy of your personal information to another party, please contact us at [email protected].

16.2 No fee usually required. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.