PRIVACY POLICY

Introduction

Like most businesses, FORSALE holds and processes a range of information about its clients and other persons who may be interested in FORSALE’s services.

This privacy notice explains the type of information that we process, why we are processing it and how that processing may affect you.

Who we are

When you buy and sell in our auctions the controller of your data will be Bunker Ljubljana, the owner of the FORSALE Performance Auction House, as listed in your Conditions of Sale, invoice or agreement.

How and when we collect your personal data?

Collection directly from you in response to our request

Most of the personal data we process about you comes directly from you (whether face to face, over the telephone, on a paper form, by email or online), for example:

•when you register to bid in an auction, agree to sell your performance through FORSALE or ask us to perform a valuation;

•when you sign up on performanceforsale.com to receive news about upcoming auctions or complete your profile in your online account;

• when you attend a FORSALE live or digital event.

Your image may be collected by FORSALE if you attend our auctions in person. We video our auctions, live streaming of our auctions and certain courses is available on our website (and is also available on social media for certain auctions).  Cameras and microphones recording images and sound for live streaming focus primarily on the auctioneer/presenters, artists performing and FORSALE’s specialists but background sound and images may also be captured.

As you interact with our websites, we collect data through cookies and other similar technologies together with technical data about your equipment, browsing actions and patterns.  We may also receive technical data about you if you visit other websites employing our cookies.  More detail is available below and in our Cookies Policy. You can change your cookies settings at any time by visiting the Cookies Settings page on our website (Cookies Settings).

Aggregated and special categories of data

We may collect, use and share aggregated data, such as statistical or demographic data.  Aggregated data could be derived from your personal data but is not considered personal data in law, as this data will not directly or indirectly reveal your identity.  For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature.  However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect special categories of personal data unless it is necessary for us to do so to enable us to provide services or access.

What personal data do we process and why?

We have set out below the types of personal data that we process, the purposes for which we use it and the legal grounds on which we process it.

Purpose

Examples of personal data

(please note that the list is not exhaustive)

Legal grounds for processing

To provide you with requested services

(for example, bidding, selling, valuations, storage, shipping, expertise)

name, title, and contact details (including email address, postal address, telephone numbers)

your payment card details or bank transfer receipt (if you need to pay us)

nature of the services including contractual terms

records of your communications with us (online bidding logs)

Performance of a contract

To evidence our compliance with legal requirements and cooperate with regulators, enforcement authorities and the courts

your date of birth, identification documents (including photo) proof of address documents and the results of identification verification checks

the nature of your connection to an organisation (for example, your job title and whether you are a director, shareholder, partner)

Compliance with a legal obligation

To share the auction development with bidders from other locations

video streaming images and sound

Legitimate Interests

To provide you with details about upcoming auctions

your name, email address and/or postal address

Consent (for clients who have signed up to receive FORSALE news online, at an event, by talking to a member of staff)

To monitor the performance of our website and to personalise and improve your user experience

Technical data including your internet address, your login data,

your browser type, version and operating system, time zone setting and location, browser plug-in types and versions, data obtained from cookies, web logs and other similar technologies that monitor the use of our website and deliver more appropriate advertisements on or beyond our website

the resources you access on your FORSALE account

Legitimate Interests

Marketing

You will receive communications from us if you have requested information from us or purchased goods or services from us.  We do not transfer your personal data to other organisations.

You can ask us to stop sending you communications at any time by sending us an e-mail to info@performanceforsale.com with such request.

Who gets to see your personal data?

Your personal data will be processed by the FORSALE Performance Auction House that initially receives it.

We do not transfer your personal data to other organisations who wish to use it for their own marketing promotions or other purposes.  Your personal data will only be shared with other organisations where it is necessary to enable us to provide you with the services you have requested (for example: we may transfer your data to our bank, payment card acquirers, shippers, warehouses). Where we do so it will be on the basis that these organisations are required to keep the information confidential and secure, and they will only use the information to carry out the instructed services.

If law enforcement or other entities or persons request disclosure of your personal data (such as your contact details or information about purchases), we will only disclose data if we are satisfied after internal review that we are legally required to do so or that disclosure is necessary to protect our rights or the rights of others and is not prohibited by law.

How long will we keep your personal data?

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.

How do we keep your personal data secure? 

We understand that your personal information is important and we are committed to treating it with the utmost care and security.

We have multiple layers of security technologies and controls in our environment which safeguard your data, while at rest or in transit, from unauthorised access or disclosure.  In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. 

Access to your data and other rights

You may ask us if you have questions about the data we hold on you.  Under certain circumstances, you have rights under data protection laws in relation to your personal data.  These include:

The right of access: You may request a copy of the personal data that we hold about you (a “subject access request”).  If you exercise this right and we process personal data about you by automated means or as part of a filing system, once we have verified your identity and, if relevant, the authority of any third-party requestor, we are required to provide you with a description and copy of that personal data and tell you why we are processing it.

Other rights

As well as your subject access right, you may have a legal right to have your personal data rectified or erased, to object to its processing, or have its processing restricted.

If you have provided us with data about yourself and the grounds for processing is Contract or Consent (see What personal data do we process and why?), you may have the right to be given the data in machine readable format for transmitting to another data controller.

If we are relying on Consent as the grounds for processing your data (see What personal data do we process and why?), you may withdraw consent at any time.  This will not affect the lawfulness of FORSALE’s processing of your data prior to your withdrawal.

Please contact us at info@performanceforsale.com if you would like to exercise any of your rights explained above in relation to your personal data.

Contact Information

If you have any queries in relation to FORSALE’s processing of your personal data please contact us at info@performanceforsale.com.