PRIVACY POLICY
1. Scope of this User Privacy Notice
This User Privacy Notice applies to your use of this website and all Memorabid applications, services (including payment services), products and tools (collectively the "Services"), regardless of how you access or use these Services.
We may change this User Privacy Notice at any time by posting the revised User Privacy Notice on this website and indicating the effective date of the revised User Privacy Notice. You will be notified of any material changes to this User Privacy Notice by email.
2.What Personal Information About Customers Does Memorabid Collect?
We collect your personal information in order to provide and continually improve our products and services.
Here are the types of personal information we collect:
· Information You Give Us: We receive and store any information you provide in relation to Memorabid Services.. You can choose not to provide certain information, but then you might not be able to take advantage of many of our Memorabid Services.
· Automatic Information: We automatically collect and store certain types of information about your use of Memorabid Services, including information about your interaction with content and services available through Memorabid Services. Like many websites, we use "cookies" and other unique identifiers, and we obtain certain types of information when your web browser or device accesses Memorabid Services and other content served by or on behalf of Memorabid on other websites.
· Information from Other Sources: We might receive information about you from other sources, such as updated delivery and address information from our carriers, which we use to correct our records and deliver your next purchase more easily.
3. For What Purposes Does Memorabid Use Your Personal Information?
· For the performance of our agreement with you:
To fulfil our contractual obligations towards you, while also making sure you can enjoy all the exciting features of our Online Marketplace, we use your personal data as described above to:
Provide you with our Services and information you request. Give you access to use all the features of our Online Marketplace, including by means of creating your Account and Memorabid profile, to facilitate Online Auctions, to facilitate communication between Users and to facilitate the payment and shipment of Lots. Support you if you have any questions, complaints or encounter issues with your Account or transactions. Send you status updates, invoices and/or payment reminders by email, SMS, Whatsapp, any other direct messaging platform, or push notifications. Send you service-related emails related to your Account, transactions or security. Examples of such service-related emails include email address confirmations, welcome emails when you’ve registered your Account and emails relating to your Lot status, transactions or messages from other Users.
Memorabid reserves the right to contact registered users for thanks relating to the participation in the initiatives launched on its platform, or for collaboration proposals strictly linked to its statutory activity.
· For our legitimate business interests:
In light of our, or a third party’s, legitimate interests, we may use your personal data as described above to:
Contact you via email, telephone, regular mail or otherwise for marketing or other commercial purposes, if you have not opted out of receiving such communications. If you have not given consent, we will only send you commercial communications via email to service you as an existing customer. If this is the case, we may send you newsletters, surveys, inform you about additional Memorabid services, events, offers, promotions and/or benefits. At any time, you may opt out of such commercial communications by sending an email to info@memorabid.com or by following the instructions in any communication you receive from us.
Improve our Services and better understand you as a User both on an aggregate and an individual basis. We analyse your use of our Services and use this information to better understand you (for example, what pages you visit, which Lots you are interested in), to optimize navigation on our Online Marketplace and to give you a better user experience. We also use your personal data as described above to allow us to provide, personalise, measure, and improve our advertising and marketing. For example, to send you personalized marketing communications, show you suggestions (such as interesting Lots) and targeted adverts (on other websites) based on how you interact with our Online Marketplace. We may also use the personal data as described above to send you a gift, for example at the end of year.
Make sure Memorabid is a secure, trusted platform for both Buyers and Sellers. We might have to process your personal data to prevent, trace, and counter fraud or any other unlawful or non-compliant use of our Online Marketplace. For example, our Fraud team uses this data to look into Users who don’t comply with our General Terms of Use and our systems can match various data points to (temporarily or permanently) block these Users from using our Online Marketplace. We may also need to process your personal data for system integrity purposes (for example, to prevent hacking or credential stuffing attacks), to register, mediate, and resolve possible disputes or irregularities or to enforce our General Terms of Use and other policies. For example, if a contract has been entered into between you and another User and there’s an issue or dispute, we might provide certain information to help you resolve the issue directly with that User. We also use prediction models to determine whether we need to ask certain Users for a form of payment security or obstruct their Bid or payment. For example, we use your bidding, buying, or selling history and location to predict the chances of the Contract of Sale being cancelled. Based on the outcome of this model, we may ask you to verify your credit card before placing a Bid as a safety measure. When making use of our internal messaging system to communicate with other Users through our Online Marketplace, we may review, scan, or analyse your messages for fraud prevention, risk assessment, investigation, or support purposes.
Facilitate our business operations, to generate aggregate statistics, to perform market analysis, to operate company policies and procedures, to respond to any claims against us and, to protect the rights, property, or personal safety of Memorabid, our Users, or the public, to enable us to make corporate transactions, such as any merger, sale, reorganization, acquisition, bankruptcy or similar event and for other legitimate business purposes permitted by applicable law.
· Subject to your prior consent
Provided that we’ve received your prior explicit consent, we may use your personal data as described above to:
Send you personalised direct marketing communications via email, SMS, other electronic means or otherwise. For example, to send you personalised recommendations, newsletters, tips and promotions or to send you updates with respect to followed auctions, favorited Lots, auction categories or auction alerts. You can withdraw your consent at any time using the unsubscribe link in these communications or by adjusting the Emails and Notifications settings in your Account.
Record your communication with our Customer Experience team via telephone for internal quality and training purposes.
· To comply with legal obligations
Your personal data may also be used to maintain appropriate business records, to comply with lawful requests by public authorities or court orders or to comply with applicable laws and regulations (such as to verify your identity as a Seller in light of AML requirements) or as otherwise required by law.
4. Your choices about our use of your personal data
· Internal Messaging System
After the Online Auction, you have the option to contact the Seller of a Lot using our internal messaging system. The availability of the internal messaging system may be subject to certain conditions. If you use the internal messaging system, you’ll get an email every time you get a response. If you want to stop getting these emails, you can opt out via the Emails and Notifications settings in your Account. If you’re a Seller, you can opt out of receiving these messages from potential Buyers by adjusting your Account settings.
· Marketing emails
If you no longer wish to receive our marketing emails, you can unsubscribe using the link in one of these marketing emails. Alternatively, you can unsubscribe by adjusting the Emails and Notifications settings in your Account. If for any reason you can’t adjust these settings yourself, you can contact our Customer Experience Team who will be happy to help.
· Push notifications
If you use our app, push notifications are a great way for you to quickly find out about interesting auctions or messages from our experts. You have the option to opt in and opt out of push notifications in our app.
· Personalised adverts
We want to make sure you’re always seeing content that interests you, which is why we may personalise our adverts to your interests. If you don’t want to see personalised banners or other adverts on third-party websites, you can turn off your marketing cookies and clear your browser history. Read our Cookie Policy to find out how to do this. Keep in mind, you will still see adverts from us, but these adverts will no longer be tailored to your interests.
5. Sharing information with third parties
· We might need to share information with other Users
If you buy or sell Lots, we might need to share some of your information with other Users for you to complete the transaction. This can include your name, address, email address, and phone number. For example, if you buy a Lot from another User and they need to ship the Lot to you, we will share your address and contact information (including phone number and email address) with them so they can arrange shipping. If there’s an issue between you and another User, we might also provide this information to help you resolve the issue directly with that User. Please note, if you change your contact details during an auction, during a dispute, or shortly after a dispute, we can provide the ‘old’ contact details to the other User if we have reason to believe this is necessary for the other User to obtain their rights under the Contract of Sale.
· With your consent
We may also provide your personal data to other Users if you have given us permission to do so. For example, if another User wants to refund you directly, we will ask for your permission to share your financial information with that User. In some cases, we might need to share your information with other Users before you enter into a Contract of Sale. For example, if a User needs to view a Lot on site before entering into the Contract of Sale we may share this information so that a viewing can be arranged.
· For partners, promoters or charity organizations
We may also provide user personal data to the promoter of the initiative in which the user has deliberately decided to participate, such as, by way of example and not limited to, charity organizations that promoted the charitable operation in which the user participated through a bid on an auction related to the fundraising initiative.
· For services from third-party service providers
We may also use the services of third-party service providers. As part of their services, they might need to process your personal data. For example, service providers might provide us with payment, advertising, customer, or sales support services. Or they might support us in sending emails, analysing feedback, or securing our Online Marketplace against fraud. Consistent with applicable legal requirements, these service providers have a duty to maintain confidentiality, may only use the specific data necessary for providing services to us, and may only use this data in accordance with our instruction.
For example, to ensure safe payment, we use third-party payment service providers to securely process payments made to us and to other Users. For these purposes, we may share information, including your name, bank account number, date of birth and, if applicable, Chamber of Commerce and VAT identification number, via an encrypted connection. In performing its services payment service providers generally act as a data processor on behalf of Catawiki. However, payment service providers also have their own regulatory obligations. With respect to the latter, the privacy policy of the applicable payment service provider applies.
· When we are (legally) obliged to or need to enforce our General Terms of Use
We may also disclose your personal data to third parties:
· If we are obliged to do so, for instance if there’s a dispute or if your User material is manifestly unlawful.
· To comply with statutory obligations, such as court orders.
· To cooperate with authorities, such as the police or tax authorities, whether this is legally required from us or whether it’s in our legitimate interest to cooperate.
· To make sure our General Terms of Use are upheld.
· In light of a corporate transaction
In addition, your personal data may be disclosed as part of any merger, (partial) sale or (partial) transfer of our assets. We’ll always make sure to timely inform you should a corporate transaction involving your personal data occur.
6 . International transfers of personal data
Please note that in certain cases, third parties we share your personal data with (as set out above) might be based outside the European Economic Area or might use servers that are outside the European Economic Area. The laws of these countries may not provide the same level of protection to your personal data. That’s why we make sure your personal data is protected in accordance with applicable law. This means that we entered into legally necessary contracts with recipients of your personal data, including standard contractual clauses as approved by the European Commission where required and ensuring the appropriate technical and organisational information security measures are in place.
7. How we secure your personal data and how long we store it for
We take the security of your personal data very seriously. That’s why we take reasonable steps to ensure that your personal data is properly secured using appropriate technical, physical, and organizational measures, so that they are protected against unauthorised or unlawful use, alteration, unauthorised access or disclosure, accidental or wrongful destruction, and loss. Furthermore, we take steps to limit access to your personal data to those employees who need to have access to it for one of the purposes listed in this Privacy Policy.
In addition to the security measures on our end, such as encryption of your personal data, we highly recommend you carefully select a strong password and make sure you keep your login details secret.
We retain your information for as long as necessary to fulfil the purposes outlined in this Privacy Policy (for example, as long as your Account is active or as needed to provide our Services to you), unless a longer retention period is necessary to fulfil our legal obligations or to defend a legal claim. The retention period for your personal data can vary depending on the processing purpose (for example, for payment services or fraud prevention) and our legal obligations. For instance, for the Netherlands, we are legally obligated to retain information about your purchases and sales (for tax purposes) for 10 years.
8. Your rights
Subject to the conditions set forth in the applicable law, you have the following rights concerning your personal data: right of access, right of rectification, right to erasure, right to restrict data processing, right to object against profiling or processing based on our legitimate interests, the right to withdraw consent and your right to data portability.
If you’d like to exercise any of these rights, you can do by sending an email to info@memorabid.com Please clarify the nature of your request in the subject line. Furthermore, please note that you can adjust the information associated with your Account using your Account settings. Also, you can delete your Account using the “Delete my Account” button in your Account settings.
If needed, we might ask for additional information to verify your identity, such as a copy of your ID card, before we can start working on your request. In that case, please ensure that you have blacklined all information that is not required to identify you (social security number, photo etc.).
If you’ve asked us to erase your personal information, please note this is not an absolute right. We will erase your personal data when (i) the data is no longer necessary in relation to the purposes for which they are collected; (ii) you withdraw your consent and there is no other legal ground for processing; (iii) you object to the processing in case of direct marketing purposes, or – in any other case - there is no overriding legitimate ground for processing; (iv) we unlawfully processed your personal data.
As such:
· We are unable to delete certain information, until you have fulfilled your obligations towards us or another User (for instance, if you still have to deliver a Lot or if you have to pay your outstanding commission invoice).
· We may retain some of your personal information if required in light of statutory retention periods or if necessary for our legitimate interests, such as for fraud detection and prevention. For example, if you delete your Account and we have good reason to believe you have not acted in accordance with our General Terms of Use, we may retain certain limited information from that Account to prevent you from opening another Account in the future.
· The User Material you’ve uploaded to our Online Marketplace (including artists’ names) will continue to be publicly visible on our Online Marketplace.
9. Privacy violations
If you think we’ve infringed on your privacy rights, please notify us by sending an email to info@memorabid.com We’ll investigate as soon as possible after receiving your email. You can also lodge a complaint at the relevant national supervisory authority.