The following data privacy rules address how your personal data
is handled and processed for the services that we offer, for instance
when you contact us initially, or where you communicate such
data to us when logging in to take advantage of our further services.
The "controller" within the meaning of the European General Data Protection Regulation* (GDPR) and other regulations relevant to data privacy are:
Ketterer Kunst GmbH & Co. KG, Joseph-Wild-Str. 18, D-81829 Munich
You can reach us by mail at the addresses above, or
+49 89 55 244-0
+49 89 55 244-166
Definitions under the European GDPR made transparent for you:
“Personal data” means any information relating to an identified
or identifiable natural person (“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 Your Personal Data
“Processing” means any operation or set of operations performed
on personal data or on sets of personal data, whether or not by
automated means, such as collection, recording, organization,
structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise
making available, alignment or combination, restriction, erasure,
“Consent” of the data subject means any freely given, specific,
in formed, and unambiguous indication of the data subject‘s wishes
by which he or she, by a statement or by a clear affirmative action,
signifies agreement to the processing of personal data relating to
him or her.
We also need this from you – whereby this is granted by you
completely voluntarily – in the event that either we ask you for
personal data that is not required for the performance of a contract
or to take action prior to contract formation, and/or where the
lawfulness criteria set out in Art. 6 (1) sentence 1, letters c) - f) of
the GDPR would otherwise not be met.
In the event consent is required, we will request this from you separately. If you do not grant the consent, we absolutely will not process such data.
Personal data that you provide to us for purposes of performance
of a contract or to take action prior to contract formation and
which is required for such purposes and processed by us accordingly
includes, for example:
At the same time, we have the right in connection with contract
fulfillment and for purposes of taking appropriate actions that
lead to contract formation to obtain supplemental information
from third parties (for example: if you assume obligations to us,
we generally have the right to have your creditworthiness verified
by a credit reporting agency within the limits allowed by law. Such
necessity exists in particular due to the special characteristics of
auction sales, since in the event your bid is declared the winning
bid, you will be depriving the next highest bidder of the possibility of purchasing the artwork. Therefore your credit standing –
regarding which we always maintain the strictest confidentiality
– is extremely important.)
Registration/Logging In/Providing Personal Data When Contacting Us
You can choose to register with us and provide your personal data
either directly (over the phone, through the mail, via e-mail, or by
fax) or on our website.
Your contact details, such as name, address, phone, fax, e-mail,
tax ID, etc., as well as financial information such as credit card
or bank account details if required for transactions of a financial nature;
Shipping and invoice details, information on what type of taxation you are requesting (standard taxation or margin taxation)
and other information you provide for the purchase, offer, or
other services provided by us or for the shipping of an item;
- Transaction data based on your aforementioned activities;
Other information that we may request from you, for example,
in order to perform authentication as required for proper contract fulfillment (examples: copy of your ID, commercial register
excerpt, invoice copy, response to additional questions in order
to be able to verify your identity or the ownership status of an
item offered by you). In some cases we are legally obligated to
this, cf. § 2 section 1 subsection 16 GwG (Money Laundering Act)
and this is the case before closing the contract.
You would do this, for example, if you would like to participate in
an online auction and/or are interested in certain works of art,
artists, styles, eras, etc., or want to offer us (for example) pieces
of art for purchase or sale.
Which personal data you will be providing to us is determined
based on the respective input screen that we use for the registration or for your inquiries, or the information that we will be requesting from you or that you will be providing voluntarily. The
personal data that you enter or provide for this purpose is collected
and stored solely for internal use by us and for our own purposes.
We have the right to arrange for this information to be disclosed
to one or more external data processors, which will likewise use it
solely for internal use imputed to the processor's controller.
When you show an interest in certain works of art, artists, styles,
eras, etc., be this through your above-mentioned participation at
registration, through your interest in selling, consignment for auction, or purchase, in each case accompanied by the voluntary provision of your personal data, this simultaneously allows us to notify
you of services offered by our auction house and our company that
are closely associated in the art marketplace with our auction
house, to provide you with targeted marketing materials, and to
send you promotional offers on the basis of your profile by phone,
fax, mail, or e-mail. If there is a specific form of notification that
you prefer, we will be happy to arrange to meet your needs once
inform us of these. On the basis of your aforementioned interests,
including your participation in auctions, we will be continually
reviewing in accordance with Article 6 (1) (f) of the GDPR whether
we are permitted to advertise to you and, if so, what kind of advertising may be used for this purpose (for example: sending auction catalogs, providing information on special events, future or
past auctions, etc.).
You have the right to object to this contact with you at any time
as stated in Art. 21 of the GDPR (see below: “Your Rights Relating
to the Processing of Your Personal Data”).
In so-called live auctions, one or more cameras or other audio and
video recording devices are directed toward the auctioneer and
the respective works of art being offered at auction. Generally,
such data can be received simultaneously via the Internet by anyone using this medium. Ketterer Kunst takes the strongest precautions to ensure that no one in the room who has not been
specifically designated by Ketterer Kunst to be on camera with
their consent for the auction process is captured on camera. Nevertheless, Ketterer Kunst cannot assume any responsibility for
whether individuals in the auction hall themselves actively enter
the respective frame, for example by deliberately or unknowingly
stepping partially or completely in front of the respective camera,
or by moving through the scene. In such situation, through their
participation in or attendance at the public auction, the respective individuals involved are agreeing to the processing of their
personal data in the form of their personal image for the purposes
of the live auction (transmission of the auction via audio and video).
Your Rights Relating to the Processing of Your Personal Data
Pursuant to the provisions of the GDPR, you have the following rights in particular:
Where the processing of your personal data is based on consent
as set out in Art. 6 (1) a) or Art. 9 (2) a) of the GDPR, you also have
the right to withdraw consent as set out in Art. 7 (3) of the GDPR.
Before any request for corresponding consent, we will always
advise you of your right to withdraw consent.
The right to information on stored personal data concerning
yourself, free of charge, the right to receive a copy of this information, and the other rights in this connection as stated in Art.
15 of the GDPR.
The right to immediate rectification of inaccurate personal data
concerning you as stated in Art. 16 of the GDPR, and as applicable,
to demand the completion of incomplete personal data, including by means of providing a supplementary statement.
The right to immediate erasure (“right to be forgotten”) of personal data concerning yourself provided one of the grounds
stated in Art. 17 of the GDPR applies and provided the processing
is not necessary.
The right to restriction of processing if one of the conditions in
Art. 18 (1) of the GDPR has been met.
The right to data portability if the conditions in Art. 20 of the
GDPR have been met.
The right to object, at any time, to the processing of personal
data concerning yourself performed based on Art. 6 (1) letter e)
or f) of the GDPR as stated in Art. 21 for reasons arising due to
your particular situation. This also applies to any profiling based
on these provisions.
To exercise the aforementioned rights, you can +contact us directly using the contact information stated at the beginning, or contact our data protection officer. Furthermore, Directive 2002/58/EC
notwithstanding, you are always free in connection with the use
of information society services to exercise your right to object by
means of automated processes for which technical specifications
Right to Complain Under Art. 77 of the GDPR
If you believe that the processing of personal data concerning
yourself by Ketterer Kunst GmbH & Co. KG, headquartered in
Munich, is in vio lation of the GDPR, you have the right to lodge a
complaint with the relevant office, e.g. in Bavaria with the Data
Protection Authority of Bavaria (Bayerische Landesamt für Datenschutzaufsicht, BayLDA), Promenade 27 (Schloss), D-91522 Ansbach.
Strong IT security – through the use of an elaborate security architecture, among other things – is especially important to us.
How Long We Store Data
Multiple storage periods and obligations to archive data have been
stipulated in various pieces of legislation; for example, there is a
10-year archiving period (Sec. 147 (2) in conjunction with (1) nos. 1,
4, and 4a of the German Tax Code (Abgabenordnung), Sec. 14b (1)
of the German VAT Act (Umsatzsteuergesetz)) for certain kinds of
business documents such as invoices. We would like to draw your
attention to the fact that in the case of contracts, the archiving
period does not start until the end of the contract term. We would
also like to advise you that in the case of cultural property, we are
obligated pursuant to Sec. 45 in conjunction with Sec. 42 of the
German Cultural Property Protection Act (Kulturgutschutzgesetz)
to record proof of meeting our due diligence requirements and will
retain certain personal data for this purpose for a period of 30
years. Once the periods prescribed by law or necessary to pursue
or defend against claims (e.g., statutes of limitations) have expired,
the corresponding data is routinely deleted. Data not subject to
storage periods and obligations is deleted once the storage of such
data is no longer required for the performance of activities and
satisfaction of duties under the contract. If you do not have a
contractual relationship with us but have shared your personal
data with us, for example because you would like to obtain information about our services or you are interested in the purchase or
sale of a work of art, we take the liberty of assuming that you would
like to remain in contact with us, and that we may thus process
the personal data provided to us in this context until such time as
you object to this on the basis of your aforementioned rights under
the GDPR, withdraw your consent, or exercise your right to erasure or data transmission.
Please note that in the event that you utilize our online services,
regard, which will be indicated to you separately in such case and
explained in a transparent manner as soon as you utilize such
*Regulation (EU) 2016/679 of the European Parliament and of the
Council of 27 April 2016 on the protection of natural persons with
regard to the processing of personal data and on the free movement
of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
Testo aggiornato a maggio 2021
Puoi scaricare + qui anche in pdf la presente dichiarazione sulla protezione dei dati.