Forum Auctions Ltd, a subsidiary of Gurr Johns International Ltd

1 PRIVACY POLICY

1.1 We are committed to protecting the privacy and security of personal data. This Privacy Policy (“Policy”) tells you how we will collect and use your personal data, and what you should expect in respect of the personal information about you that we have collected.

1.2 This Policy applies to information held about our clients, contacts, suppliers and other external parties (“you”) and, where you are a corporation, any of your employees, officers, directors, agents, contractors or consultants (“Personnel”) or other relevant individuals. “We”, “our” or “us” means Forum Auctions Limited, whose principal place of business in the United Kingdom is 4 Ingate Place, London SW8 3NS, together with or any of our subsidiaries, affiliates, or holding companies from time to time, which together are referred to in this Policy as the “Group”.

1.3 This Policy applies to any Group service, auction, event, website, and bidding platform, which provides a link to or refers to this Policy.

1.4 In this Policy:

“Data Protection Legislation” means the EU General Data Protection Regulation 2016/679 (“GDPR”) and the Data Protection Act 2018; together with all other applicable legislation relating to privacy or data protection; and where we use the terms “personal data”, “data subject”, “controller”, “processor” and “process” (and its derivatives), such terms shall have the meanings given to them in the Data Protection Legislation.

1.5 Using your information

• 1.5.1 We may collect and process information relating to you, your Personnel or other relevant individuals, in order to provide our services to you, including (but not limited to) newsletters and other information services or marketing materials. We shall process any information we collect in accordance with Data Protection Legislation and the provisions of this Policy.
• 1.5.2 Before providing us with any information you are responsible for ensuring that your Personnel or other relevant individuals are aware of this Policy and the provisions of such Policy are clearly communicated to them.

1.6 The information we collect about you

• 1.6.1 This “information” includes personal data, which means information that can be used to identify a natural person, including (but not limited to) the following types of personal information:
  (a) contact information, such as an individual’s home or work address and contact details (including mobile telephone number);
  (b) date of birth, marital/civil partnership status, details of dependents and next of kin;
  (c) employment status and business information;
  (d) information about an individual’s professional qualifications;
  (e) pay records, bank account details, national insurance number and tax details;
  (f) copies of your passport or any similar documents used to verify your identity and for other client due diligence checks;
  (g) information recorded on any forms you submit, such as tax residence, status and assets held for reporting purposes and similar requirements;
  (h) details of any complaints or concerns raised by you or a relevant individual;
  (i) information we obtain from the goods and services we provide to you, such as the date, amount and currency of any payments which are made to or from us, any bids, purchase and/or transactions you make and any goods you own, purchase or wish to consign;
  (j) limited financial information, such as digital wallet details and wire instructions;
  (k) information we collect when you set up an account with our website and/or bidding platform, including username and password;
  (l) profile data including your interests, preferences, feedback and survey responses; information we collect when you, your Personnel or other relevant individuals communicate with us, or when you apply for our products or services, or any other time you or they contact us;
  (m) information we collect when we make recordings of our auctions, premises and certain live events;
  (n) information we collect when we record telephone bids and/or calls made to our customer services team for quality assurance, compliance purposes, and recordkeeping purposes; and
  (o) information we obtain from third parties such as information that we obtain when verifying details supplied by you. This information obtained from other third party organisations or people may include other companies related to the Group, employers, clients, advisers, credit reference agencies, social media sites, data supplementation services, fraud prevention and compliance check agencies or other similar organisations.
• 1.6.2 We do not generally anticipate processing any special categories of personal data about you, your Personnel or other relevant individuals (such as information about racial or ethnic origin, criminal or alleged criminal offences or health and lifestyle). However, in respect of events that we offer, this information may include details of any access or dietary requirements that you, your Personnel or other relevant individuals have, which may reveal information about the health or religious beliefs of a data subject.
• 1.6.3 If you do not provide us with the information set out in 1.4.1 above, or you, your Personnel or other relevant individuals object to us processing such information (see Section 4 for more information about your rights in relation to your information), we may be prevented from conducting business with you, or continuing to manage any services you hold with us, and we may be unable to provide our services to you.

1.7 Our use of your information

• 1.7.1 We may collect, record and use information about you, your Personnel and other relevant individuals, and the business you conduct with us in physical and electronic form and will hold, use and otherwise process the data in accordance with the Data Protection Legislation and as set out in this Policy.
• 1.7.2 We and other companies related to the Group may process information we hold about you, your Personnel and other relevant individuals for a number of business purposes, provide we always have a lawful basis for processing, including:
  (a) to provide any service to you or to administer our relationship with you and operate any consignments, purchase, sales or client       
  account(s) you may have with us; 
  (b) to monitor and analyse your dealings with or through us, including to manage and monitor our auctions
  (c) to enable us to carry out statistical and other analysis
  (d) to comply with and meet any and all of our legal or regulatory obligations, including any tax or revenue reporting;
  (e) for our reasonable commercial purposes (including quality control and administration, assisting us to develop new and improved
  products and services, and administering goods and services provided to us);
  (f) to confirm your or their identity and carry out including as part of our checks in relation to anti-money laundering, compliance
  screening and to prevent fraud and other crimes;
  (g) to follow up with you or them after you request information to see if we can provide any further assistance;
  (h) to check your instructions to us;
  (i) to monitor and analyse any communications to assess and improve our services to you, as well as for training and quality purposes;
  (j) to prevent or detect abuse of our services or any of our rights (and attempts to do so), and to enforce or apply our terms with you
  and/or any other agreement and to protect our (or others’) property or rights;
  (k) to share information with relevant third parties in the context of a sale or potential sale of all or part of our business, subject always
  to confidentiality obligations;
  (l) to bring to your or their attention information about additional relevant services offered by us and/or our affiliates, which may be of
  interest to you, your Personnel or other relevant individuals, unless you or they indicate at any time that you, your Personnel or other
  relevant individuals do not wish us to receive such information;
  (m) to protect your interests (or someone else’s interests); and
  (n) to improve the relevance of marketing messages we may send you, your Personnel or other relevant individuals (which you can opt
  into and out of as explained below).

1.8 Lawful grounds for using your infomation

• 1.8.1 We have described the purposes for which we may use information about you, your Personnel or other relevant individuals. We are permitted to process such information in this way, in compliance with the Data Protection Legislation, by relying on one or more of the following lawful grounds:
  (a) you or they have explicitly consented to us processing such information for a specific reason;
  (b) the processing is necessary to perform the agreement we have with you or them or to take steps to enter into an agreement with you or them;
  (c) the processing is necessary for compliance with a legal obligation; orthe processing is necessary for the purposes of a legitimate interest pursued by us and your interests and fundamental rights do not override those interests, which might be:
  • to ensure that our services are well-managed and our websites and bidding platforms operate effectively;
  • to ensure the security and integrity of our auctions;
  • to prevent fraud;
  • to protect our business interests;
  • to ensure that complaints are investigated;
  • to evaluate, develop or improve our products and services; or
  • to learn about the interests and preference of our current and prospective clients;
  • to keep our clients informed about relevant products and services, unless you have indicated at any time that you do not wish us to do so.
• 1.8.2 In relation to any processing of special categories of personal data, we will generally rely on obtaining specific consent in order to process such information, although it may be necessary for us to use certain information in order to comply with our legal obligations. Where you, your Personnel or other relevant individuals have consented to our processing of such information (including special categories of personal data) you or they may withdraw such consent at any time, by contacting us using the contact details in Section 9 below. Please note, however, that in certain circumstances it may be still lawful for us to continue processing this information even where consent has been withdrawn, if one of the other legal bases described above is applicable.

2 INFORMATION SHARING

2.1 Sharing Your Information With Others

• 2.1.1 We keep all client information confidential. However, in order to be able to service our clients’ needs to the best of our ability, we may share any information you provide to us:
  (a) within the Group;
  (b) with other companies related to the Group or to our affiliates;
  (c) with agents that work on our behalf to provide services such as shipping agents, or agents that are authorised by you to engage with us on your behalf;
  (d) with our auction partners and/or third-party bidding platforms in association with auctions;
  (e) with counterparties (including the consignor and/or the successful bidder) needed to facilitate a consignment, purchase or sale; and
  (f) support service or data providers;
  (g) with automated marketing decision making technology;
  (h) with government bodies, including but not limited to HMRC and the Arts Council,
  wherever located.
  
  We will ensure that if we share such information with third parties, any such disclosure is at all times in compliance with Data Protection Legislation.

• 2.1.2 The recipients, or categories of recipients, of your information, or information relating to your Personnel or other relevant individuals, may be:
  (a) fund administrators or transfer agents;
  (b) bankers and digital wallet and cryptocurrency providers in relation to us, the funds we administer, collect, remit, transfer, or our clients;
  (c) any revenue service or tax authority including to HMRC, if obliged to do so under applicable regulations.
  (d) your advisers (including, but not limited to, accountants, lawyers or other professional advisers) where authorised to do so by you;
  (e) UK and overseas regulators and authorities in connection with their duties (such as crime prevention);
  (f) fraud prevention agencies who will use it to prevent fraud and money-laundering and to verify your identity. We and fraud prevention agencies may also enable law enforcement agencies to access and use your information to detect, investigate and prevent crime;
  (g) anyone to whom we may transfer our rights and/or obligations under our terms of business; and
  (h) any other person or organisation after a restructure, sale or acquisition of any company related to the Group, as long as that person uses your information for the same purposes as it was originally given to us or used by us (or both).
  
  We require all third parties to respect the security of your personal data and to treat it in accordance with the law.  We do not allow our third party service providers to use your personal data for their own purposes and will only permit them to process your personal data for specified purposes and in accordance with our instructions.

• 2.1.3 If we, or a fraud prevention agency, determine that you, your Personnel or other relevant individuals pose a fraud or money laundering risk:
  (a) we may refuse to provide the services or finance you have requested, or we may stop providing existing services to you; and
  (b) a record of any fraud or money laundering risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services, financing or employment to you or them.

2.2 Sharing Third Party Information with us

If any information which you, your Personnel or other relevant individuals provide to us relates to any third party, by providing us with such information you or they confirm that you or they have obtained any necessary permissions from such persons to the reasonable use of their information in accordance with this Policy, or are otherwise permitted to give us this information on their behalf.

3 TRANSFERRING YOUR INFORMATION OUTSIDE THE UK

• 3.1 Information about you, your Personnel or other relevant individuals in our possession may be transferred to other countries (which may include countries outside the UK and the European Economic Area) for any of the purposes described in this Policy, including our transmission of such information to our affiliates, advisers, administrators, service providers and agents outside the UK and European Economic Area. If any such information (including special categories of personal data) belongs to your Personnel or relevant individuals other than you, by providing us with such information you confirm that you have obtained any necessary permissions from such persons to the reasonable use of their information for such purposes in accordance with the following provisions, or are otherwise permitted to give us this information on their behalf.
• 3.2 When we, or our permitted third parties, transfer information outside the UK and European Economic Area, we or they will impose contractual obligations on the recipients of that data to protect such information to the standard required by the Data Protection Legislation and ensure at least one of the following safeguards is implemented:
  3.2.1 the transfer is to a country deemed to provide adequate protection of your information by the UK and European Commission;
  3.2.2 the parties have entered into the European Commission approved transfer mechanism, such as the Standard Contract Clauses; or
  3.2.3 where the party receiving the data is in the USA, we may transfer data to them if they are part of the Privacy Shield.

4 YOUR RIGHTS IN RELATION TO YOUR INFORMATION

4.1 General Rights

• 4.1.1 You, your Personnel and other relevant individuals have a number of rights concerning the way that we use your information. You are responsible for ensuring that your Personnel and other relevant individuals are aware of these rights. At any time, such individuals shall have the right:
  (a) to be informed about the processing of their personal data;
  (b) to obtain a copy of any personal data we hold about them;
  (c) to request the rectification of their personal data, if they consider that it is inaccurate;
  (d) to request the erasure of their personal data, if they consider that we do not have the right to hold it;
  (e) to object to their personal data being processed for a particular purpose or to request that we stop using their information;
  (f) where applicable, to request not to be subject to a decision based on automated processing and to have safeguards put in place if they are being profiled based on their personal data;
  (g) to ask us to transfer a copy of their personal data to themselves or to another service provider or third party where technically feasible or otherwise required by applicable regulations;
  (h) to withdraw, at any time, any consent that they have previously given to us for our use of their personal data; or
  (i) to ask us to stop or start sending them marketing messages at any time.

4.1 Access to your information

• 4.2.1 You, your Personnel and other relevant individuals may have a right of access to some, or all, of the information we hold about you or them, or to have any inaccurate information corrected, under the Data Protection Legislation. Any request for access to or a copy of your personal data must be in writing and we will endeavour to respond within a reasonable period and in any event within one month in compliance with Data Protection Legislation. We will comply with our legal obligations as regards any individual’s rights of a data subject.
• 4.2.2 We aim to ensure that the information we hold about you, your Personnel or other relevant individuals is accurate at all times. To assist us in ensuring that such information is up to date, please let us know if the personal details of you, your Personnel or other relevant individuals change by contacting us using the contact details in section 9. We will correct any incorrect or incomplete information and will stop processing personal data, or erase it, where there is no legal reason for us to continue to hold or use that information.

5 RETAINING YOUR INFORMATION

• 5.1 We will only keep the information we collect about you, your Personnel and other relevant individuals on our and our Group’s systems or with third parties for as long as required for the purposes set out above or as required to comply with any legal obligations to which we are subject. This will involve us regularly reviewing our files to check that information is accurate and up-to-date and still required.
• 5.2 If you cease to use our services or otherwise end your relationship with us, or you decide not to go ahead with receiving our services or dealing with us, we may still keep your information where required to comply with legal or regulatory obligations.

 6 SENDING YOU MARKETING INFORMATION

• 6.1 We and other companies related to the Group may use your information from time to time to inform you, your Personnel or other relevant individuals by letter, telephone, text (or similar) messages, email or other electronic means, about similar products and services to those you may have received from us and/or events which may be of interest to you or them.
• 6.2 You, your Personnel or other relevant individuals may, at any time, request that we cease or do not send such information by one, some or all channels, by contacting us using the contact details in Section 9.

7 LINKS FROM OUR WEBSITE

Our website may, from time to time, contain links to and from the websites and/or bidding platforms of third parties that we permit to make such links.  If you follow a link to any of these websites and/or bidding platforms, please note that these websites and/or bidding platforms have their own privacy policies and that we do not accept any responsibility or liability for these policies.  We recommend that you check these policies before you submit any personal data to these websites and/or bidding platforms.

8 COOKIES

We use a number of different cookies on our website. If you do not know what cookies are, or how to control or delete them, then we recommend you visit www.aboutcookies.org for detailed guidance.

The list below describes the cookies we use on our website and what we use them for. Currently we operate an ‘implied consent’ policy which means that we assume you are happy with this usage. If you are not happy, then you should either not use this site, or you should delete the cookies having visited the site, or you should browse the site using your browser’s anonymous usage setting (called “Incognito” in Chrome, “InPrivate” for Internet Explorer, “Private Browsing” in Firefox and Safari etc.)

8.1 First Party Cookies

These are cookies that are set by this website directly.

• 8.1.1 Google Analytics: We use Google Analytics to collect information about visitor behaviour on our website. Google Analytics stores information about what pages you visit, how long you are on the site, how you got here and what you click on. This Analytics data is collected via a JavaScript tag in the pages of our site and is not tied to personally identifiable information. We therefore do not collect or store your personal information (e.g. your name or address) so this information cannot be used to identify who you are.
• 8.2.2 Tracking technologies: We may use session identifiers, web beacons, cookies, JavaScript tags, and other tracking technologies. We use these technologies to enhance the user's experience of our website. We also use this information to collect statistics about the usage of our services, perform analytics, deliver content which is tailored to your interests and administer services to our users, advertisers, publishers, customers and partners. The information we collect does not usually directly identify you, but it can give you a more personalised web experience. If we associate the information we collect with your personal information, we will treat such information as Personal Information.

8.2 Third Party Cookies

These are cookies set on your machine by external websites whose services are used on this site. Cookies of this type are the sharing buttons on news items that allow visitors to share content onto social networks. Cookies are currently set by Facebook, Twitter, Google+, LinkedIn, and Pinterest. In order to implement these buttons and connect them to the relevant social networks and external sites, there are scripts from domains outside of our website. You should be aware that these sites are likely to be collecting information about what you are doing all around the internet, including on this website. You should check the respective policies of each of these sites to see how exactly they use your information and to find out how to opt out, or delete, such information.

9 CONTACTING US

• 9.1 If you or any of your Personnel or other relevant individuals wish to exercise any of the rights relating to your information set out above, or if you have any questions or comments about data protection, or you wish to raise a complaint about how we are using your information you can contact us using the following details, or any other details notified to you from time to time: compliance@forumauctions.co.uk.
• 9.2 If you, your Personnel or other relevant individuals have any concerns about our use of your or their information, you and they also have the right to make a complaint to the Information Commissioner’s Office, which regulates and supervises the use of personal data in the UK, via their helpline on 0303 123 1113.
• 9.3 We may make changes to this Policy and how we use your information in the future. If we do this, we will post an updated version of this Policy on our website. You can find the current version of this Policy, which explains how we will use your information, by visiting our website at forumauctions.co.uk.

EFFECTIVE DATE 23 MAY 2023