Privacy Policy

MARLBOROUGH

Privacy Policy

Last updated: April 2019

  1. Introduction
    1. This privacy policy sets out the basis on which we, Marlborough Fine Art (London) Limited (referred to below as we or us) will process any personal data that we collect from you or that you provide to us when you use our website at http://www.marlboroughlondon.com/ (Site) or if you otherwise deal with us.
    2. Please read the following privacy policy carefully to understand how we use and protect the personal data that you provide to us. In this policy, personal data means any information about you personally from which you can be identified.
    3. We reserve the right to make changes to this privacy policy from time to time. Any such changes to our privacy policy will be posted to our Site so please make sure you have seen the latest version. If appropriate, we may contact you with details of any significant changes.
    4. We strive to ensure that we are clear about how we will use the personal data that we collect. We process personal data in accordance with the EU General Data Protection Regulation (GDPR) and other applicable laws that regulate protection and privacy of your personal data (Data Protection Law).
  2. Contacting us
    1. Marlborough Fine Art (London) Limited is the data controller in respect of any personal data that you submit to us or that we collect from you. This means we decide what personal data we collect and what it is used for.
    2. We are a company registered in England with registered no. 925765 with registered offices at 6 Albemarle Street, London, W1S 4BY. For more information about us please visit the Site.
    3. If you would like to exercise any of your legal rights under Data Protection Law (see section below headed ‘Your legal rights’) or if you have any other queries in relation to this privacy policy, our contact details are as follows:
      Contact: Gallery Manager
      Address: 6 Albemarle Street, London, United Kingdom, W1S 4BY.
      Email: GDPR@marlboroughfineart.com
  3. The personal data that we collect about you
    1. We will collect any personal data or other information about you that you provide to us when you visit our Gallery or contact us via phone/email or through our Site.
    2. This information may include personal data about you such as your name, email address, addresses and phone number and other relevant information about you personally or your interests that you decide to give to us.
    3. We will collect any information contained in any correspondence between you and us. For example, if you contact us with a complaint or enquiry, we may keep a record of that correspondence. We may also ask you for information when you report a problem with our Site.
    4. We may collect certain information about your visits to our Site and how you use it using ‘cookies’ or similar tracking technology. This may include your geographical location, IP address, device information, browser type, referral source, length of visit and number of page views and similar information.
    5. We may use this information for a number of purposes including Site administration, optimising the use and performance of the Site, disclosing to third party contributors or for security purposes. Individual users will not be identifiable from this information.
    6. See our Website Cookies & Terms of Use for more details about the cookies we use.
  4. Use of your personal data
    1. We will use the personal data that we collect from you in accordance with this privacy policy and, if applicable, also the Website Cookies & Terms of Use.
    2. Personal data about you will be used for:
      1. dealing with any enquiries you make;
      2. providing customer services to you (including any after-sales services);
      3. processing and fulfilling any order you place with us,
      4. contacting you with further information about our services; or
      5. improving the Site and any such feedback you have given, may be introduced in any of the Site.
    3. In addition to the specific uses set out above, we may use your information for the following purposes:
      1. to ensure that content from our Site is presented in the most effective manner;
      2. to send you communications regarding any services we agreed to provide to you;
      3. to deal with any specific requirements you have given in relation to a particular order;
      4. to deal with enquiries and complaints and to notify you about changes to our services;
      5. to develop, improve the Site so as to improve your browsing and viewing experience;
      6. to provide third parties with statistical information about our Site users but this information will not be able to be used to identify any individual;
      7. to provide you with marketing communications about our products, services or events. Where this marketing is conducted by electronic means (such as email, SMS and/or MMS) we will only send these where we have your prior consent or, if you are an existing customer, where communications are in relation to the same products or services that you purchased previously (or you looked to purchase with us); and
      8. for security purposes and, in particular, recording images of Gallery visitors on CCTV in accordance with Data Protection Law.
  5. Disclosure of your data
    1. Other than as expressly set out in this privacy policy or as otherwise permitted under Data Protection Law, we will not share, sell or distribute any of the personal data you provide to us without your consent.
    2. We may disclose your personal data in the following circumstances:
      1. to our service providers, who handle that data on our behalf and in accordance with our instructions under contract (called “data processors“). These include IT suppliers, data hosting providers, or agencies we use to conduct fraud checks;
      2. to any affiliate or third-party companies and/or organisations to whom disclosure is necessary to enable us to provide you with the services or products you have purchased such as providers of shipping and delivery services or payment processors;
      3. if we are under a duty to disclose or share your personal data to comply with any legal obligation (e.g. where we have a duty to provide data to the police or courts);
      4. if our business or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets although your data will continue to be used for the same purposes; and
      5. where disclosure is necessary to enable us to enforce our legal rights, or to protect the rights, property or safety of our employees or where such disclosure may be required by law (including without limitation to any legal adviser, court, regulator or other relevant authority).
  6. Third party content on our Site
    1. Our Site may contain content and links to other websites and microsites that are operated by third parties. In addition, advertisements contained on our Site may operate as links to that advertiser’s website, and such advertisers and third parties may also use and place cookies on your computer.
    2. We do not control these third-party websites, advertisements and cookies and this privacy policy does not apply to them. Any information such third parties collect by virtue of you clicking on a third-party link on our Site will be collected and used in accordance with the privacy policy of that third party. Please therefore consult the terms and conditions and privacy policy of those third-party websites and microsites to find out how they collect and use your personal data and to establish whether and for what purpose they use cookies.
  7. Security of your data
    1. We employ appropriate technological and operational security measures to protect personal data we hold against any unauthorised access, any unlawful processing or loss.
    2. Data transmission over the internet is inherently insecure, and although we employ appropriate technological and organisational security measures to protect your data from unauthorised access we cannot guarantee the security of any data sent over the internet or by public communications services.
  8. International data transfers
    1. The personal data that we collect from you may be transferred to, and stored in United Kingdom, France, Spain, countries of the European Economic Area (EEA) and the United States. Contact details of clients and other individuals who have indicated interest in a particular artist or type of work may be shared with Marlborough Gallery New York so they can send information to that individual regarding artists, works or events they hold that may be of interest to them. In addition, our IT and back-office service providers who act as our data processors may use IT equipment located in the United States and other countries outside of the EEA to hold your data. The United States is one of the countries outside the EEA whose laws are currently not considered to meet the same legal standards of protection for personal data as those set out under United Kingdom and EU Data Protection Law.
    2. However, in order to safeguard your personal data, we will only permit such a transfer of your data outside the EEA under a contract or another appropriate mechanism which is authorised under Data Protection Law. This is to make sure that your personal data is safeguarded in accordance with the same legal standards that apply to us in the United Kingdom and EEA.
  9. How long do we keep your personal data for?
    1. The period for which we keep your personal data usually depends on the purpose for which your information was collected in the first place
    2. We have data retention policy that sets out the different periods we retain personal data for in accordance with our duties under Data Protection Law.
    3. The criteria we use for determining relevant data retention periods are based on:
      1. Whether we need to keep data to comply with a contract obligation, deal with any potential claims or to enforce our rights (usually the limitation period for dealing with any claims under a contract is 6 years);
      2. Various legislative requirements (for example, duties under tax law to hold financial transaction details and accounting records);
      3. The purpose for which we collected that personal data and where we have identified a continued legitimate need to hold that personal data to serve such purpose (keeping a record of provenance in respect of artworks); and
      4. Guidance issued by relevant regulatory authorities under Data Protection Law.

    Personal data that we no longer need to hold is securely disposed of and/or anonymised, so you can no longer be identified from it.

  10. Lawful basis for processing your personal data
    1. We process your personal data for the above purposes relying on one or more of the following lawful grounds:
      1. where we agree to provide any product and/or service to you, in order to take any pre-contract steps at your request and/or to perform our contract obligations to you;
      2. where we need to use your personal data for our legitimate interests of being able to market and sell our products or services; provide our gallery services and administer our business in that regard. We will always seek to pursue these legitimate interests in a way that does not unduly infringe on your legal rights and freedoms and, in particular, your right of privacy;
      3. where you have freely provided your specific, informed and unambiguous consent to us using your personal data for particular purposes, such as receiving electronic direct marketing;
      4. where we need to protect your vital interests or those of someone else (such as in a medical emergency); and/or
      5. where we need to collect, process or hold your personal data to comply with a legal obligation.
    2. If we collect any sensitive personal data (or special category data) about you such as data relating to health, ethnic origin, religious/philosophical or political beliefs, trade union membership or sex life, we will only do this with your explicit consent; or, to protect your vital interests or those of someone else; and/or, where you have clearly publicised such data; and/or, where we need to use such data in connection with a legal claim.
  11. Your legal rights
    1. Under Data Protection Law, you have a legal right to request information about the personal data that we hold about you, what we use that personal data for; who it may be disclosed to, as well as certain other related information (called a subject access request).
    2. Usually we will have one month to respond to such a subject access request, although in the case of complex requests, we may require a further two months to respond.
    3. We may refuse or charge for administrative time in dealing with any manifestly unreasonable or excessive requests for access. We may also ask for further information to locate the specific information you seek before and may apply certain legal exemptions to some of the information we disclose when responding to a subject access request.
    4. You also have the following rights, which are exercisable by making a request to us in writing:
      1. that we correct personal data that we hold about you which is inaccurate or incomplete;
      2. to object to any automated processing (if applicable) that we carry out in relation to your personal data, for example if we conduct any automated credit scoring;
      3. to object to our continued use of your personal data for direct marketing purposes;
      4. that we erase your personal data without undue delay and/or to object to and/or to restrict the use of your personal data by us for any purpose unless we have a legitimate reason for continuing to hold or use that data; or
      5. that we transfer your personal data to another party where the personal data has been collected with your consent or is being used to perform contract with you and we are processing that data by automated means (i.e. on computer).
  12. Contact or Complaints
    1. If you would like to exercise any of the above rights or if you have any concerns about how we use your personal data, please contact us at the address in the section headed ‘Contacting us’ above.
    2. When you make any request, we may ask you to provide us with appropriate evidence to verify your identity before we can respond.
    3. If you make a request and are not satisfied with our response or believe that we are illegally processing your personal data, you have the right to complain to the main UK data protection regulator who is UK Information Commissioner’s Office (ICO) – see: https://ico.org.uk/concerns/.