ACCESSING OUR WEBSITE
Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may update, suspend, withdraw, discontinue or change all or any part of our Website or content without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
INTELLECTUAL PROPERTY RIGHTS
By using the Website, you acknowledge that we are the owner or the licensee of all intellectual property rights in our Website, and in the content published on it. The Website and all the content therein are protected by intellectual property rights, including copyright. All intellectual property rights in the Website and the content are hereby reserved and our Moral Rights are hereby asserted.
By acquiring a Work, you do not acquire any intellectual property rights in the content relating to that Work on our Website (such as pictures or videos of the Work), and any unauthorised use of the Website or content may violate intellectual property laws, privacy laws, communications regulations, statutes and treaties across the world.
You acknowledge that the Website, all content and any other portion thereof may not be reproduced, duplicated, copied, sold, resold, modified or otherwise exploited, in whole or in part, for any purpose without our written consent. In addition, you must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
NO RELIANCE ON INFORMATION
The content on our Website is provided for general information only and to highlight Works for sale. It is not intended to amount to advice, statements or representations on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date. Purchases of Works from us are in accordance with our Conditions of Supply only, together with the exclusions contain therein which also apply to the content about Works advertised on our Website.
USER MATERIAL AND CONDUCT
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
You may link to our Website’s homepage, provided you do so in a way that is fair and legal and does not (in our discretion) damage our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not establish a link to our Website in any Website that is not owned by you. Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Website other than that set out above, please contact us in writing.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Website; or use of or reliance on any content displayed on our Website. In particular, we will not be liable for any loss of profits, loss of business, goodwill, loss of anticipated savings or for any special, indirect, incidental, or consequential loss, costs, damages, charges or expenses to the fullest extent permitted by law.
We do not guarantee that our Website will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any Website linked to it.
We assume no responsibility for the content of Websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked Websites. We will not be liable for any loss or damage that may arise from your use of them.
Neither we, nor you, shall be liable for any failure of, or delay in, the performance of each of our respective obligations for the period that such failure or delay is due to causes beyond our respective reasonable control, including, but not limited to, acts of God, pandemics, war, fire, terrorist activity, strikes or labour disputes, embargoes, or government orders or regulation.
Personal information only includes information relating to natural persons who can be identified or who are identifiable, directly from the information in question; or who can be indirectly identified from that information in combination with other information. Personal information may include your name, contact information such as your address, email address and telephone number; your payment details; and technical information, including your IP address. Most of the personal information we process is provided to us directly by you or made available when you access or use our Website. We set out below some examples of how you may provide personal information to us:
as our client, as a person involved in contracts and transactions we are working on, as a business contact or as one of our service providers;
contacting us by phone, e-mail, social media or otherwise;
submitting information to our site by filling in forms and sending enquiries;
information related to your attendance of, and interest in our events; and
For certain transactions, we may be required to fulfil some Know Your Client (KYC) obligations for regulatory purposes and we may collect personal information about you through direct interaction, such as requesting copies of passports, proof of address and other information or through third parties/ publicly available sources, for example when we need to conduct background checks. These obligations may also require us to process special category information that might be included in the documents and/or the existence of criminal convictions and offences (together “sensitive personal information”). The sensitive personal information will be processed in accordance with the lawful basis set out below and the additional conditions and safeguards set out in Schedule 1 of the Data Protection Act 2018.
This policy does not apply to:
2. REASONS FOR PROCESSING AND LAWFUL BASES We are registered with the Information Commissioner’s Office (ICO) under the Data Protection Register. Under the General Data Protection Regulation (GDPR), the lawful bases we rely on for processing your personal information are:
(a) Your consent: when you sign up to our mailing list. You are able to remove your consent at any time. You can do this by contacting us at the above contact details.
(b) We have a contractual obligation: to provide our services as a seller and buyer of objects, works, or works of art, as specified in the Invoice (“Works”).
(c) We have a legal obligation: to comply with our legal obligations or making disclosures to government, regulatory or other public bodies where in our reasonable opinion the disclosure is appropriate and permitted by law. This includes legal obligations with respect to Anti Money Laundering requirements if applicable. In accordance with applicable Anti Money Laundering regulations to which we may be subject from time to time, any personal information (including any sensitive personal information) obtained by relevant persons for the purposes to comply with such obligations may only be processed for the purposes of preventing money laundering or terrorist financing. Disclosures may include those required by law or court order; to the police, tax authorities, the National Crime Agency (NCA) or other public or government authorities where in our reasonable opinion the disclosure is required in relation to any criminal investigation or prosecution; and to a government, public or regulatory authority, including any data protection authority where in our reasonable opinion the disclosure is required or permitted by law.
(d) We have a legitimate interest: for the day-to-day operations of our business, including to:
provide you with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale/purchase or negotiations of a sale/purchase to you. If you are a new customer, we will contact you by electronic means only if you have consented to this by expressly opting in on the David Aaron’s Website;
provide access to our files for audit, review or other quality assurance checks by regulators, auditors, professional advisers and certification bodies;
providing information to our insurers; and
(a) you are legally entitled to give us that information;
(b) the disclosure is in accordance with any applicable data protection or privacy law; and
Your right of access: You have the right to ask us for copies of your personal information.
Your right to rectification: You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
Your right to erasure: You have the right to ask us to erase your personal information in certain circumstances.
Your right to restriction of processing: You have the right to ask us to restrict the processing of your personal information in certain circumstances.
Your right to object to processing: You have the right to object to the processing of your personal information in certain circumstances.
Your right to data portability: You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you. Please contact us at the above contact details if you wish to make a request. If you are unhappy with any aspect of how we handle your personal information you can make a complaint to the ICO here.