Guardian Fine Arts Asia

THIS PRIVACY POLICY This Privacy Policy describes how David Aaron Limited (“David Aaron”, “us”, “we”, or “our”) and https://davidaaron.com/ (“Website”) collects and uses your personal information. Please read this Privacy Policy carefully and contact us if you have any queries by emailing us at: info@davidaaron.com, calling us on +44 020 7491 9588 or by writing to our registered address at 64 New Cavendish Street, London, England, W1G 8TB, UK. This Privacy Policy may change from time to time so we recommend that you review it periodically. If the changes are material, we will post a notice on the Website before the changes go into effect and will notify users who have provided us with their email addresses by email. This version of the Privacy Policy was last updated on 3 June 2021.
1. THE TYPE OF PERSONAL INFORMATION WE COLLECT AND HOW
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
• in the form of information provided by your web browser, when you search and browse our Website for content (through the use of cookies or similar software).

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:

• our employees as the way we collect and use their personal information is governed by the privacy policy in our employee handbook; and
• any services which we provide to our clients as a data processor. This is where we are acting under the strict instruction and control of our clients. In those circumstances our collection and use of personal information is covered by our clients’ privacy policy.

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:

1. 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;
2. provide access to our files for audit, review or other quality assurance checks by regulators, auditors, professional advisers and certification bodies;
3. providing information to our insurers; and
4. the use of cookies by the David Aaron’s Website as set out in our Cookie Policy. 

>We may also collect personal information to perform other functions that are not listed above, which will either be described to you when the personal information is collected or it may be collected if you have granted your consent for a particular purpose. 3. THIRD-PARTY SERVICES AND TRANSFERS As a seller and purchaser of Works, we may share personal information with potential investors and other parties in relation to any actual or proposed reorganisation, merger, sale, joint venture, assignment, transfer or other transaction relating to all or any portion of our business, or assets, but we will only do so once appropriate confidentiality agreements and/or Standard Contractual Clauses (SCCs) are in place. Your personal information may be transferred outside the UK. For example, this may be in relation to an international transaction, or where we are sharing information with our colleagues or third party service providers who operate outside the UK. We only transfer your personal information outside of the UK where we are satisfied that the transfer is in accordance with applicable data protection and privacy laws. Where necessary appropriate SCCs will be used for transfers to and from the UK. This Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy notice of every website you visit. One of the third party websites we link to is Instagram, please see their Privacy Policy here. We also use third-party cookies to capture certain information about our Website’s use as set out in clause 9 below. Like many websites, we use Google Analytics to record activity on our Website. This helps us to understand how our traffic navigates the site, which pages are most commonly viewed, and which content is more effective and relevant to our target audience in order to continue to improve our user experience, functionality and general website design. We do not use any information that is provided to us in the cookie, nor is anyone directly identifiable from the information made available to us or stored by Google. Please see their Privacy Policy here. We use mailing list management / marketing software to manage how we contact you. This enables us to record and manage how we contact you, and to manage your preferences and bookings for our events. It also enables us (as set out in any such email) to review whether emails are opened or forwarded, and whether links are clicked. This data helps us to ensure our mailing list remains up to date; it also provides us with some basic information about your interests and to personalise our communications with you. We use Mailchimp as out mailing list management / marketing software, please see their Privacy Policy here. 4. WHERE YOU PROVIDE US WITH PERSONAL INFORMATION ABOUT ANOTHER PERSON If you give us personal information about another person, you should ensure that:
(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
(c) such other person has also read this Privacy Policy. 5. HOW LONG WE KEEP YOUR PERSONAL INFORMATION We take reasonable steps to ensure that the personal information we hold about you is reliable for its intended use and as accurate and complete as is necessary to carry out the relevant purposes described in this Privacy Policy. We will retain your personal information for so long as is reasonably necessary for us to fulfil the relevant purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law. 6. HOW WE PROTECT YOUR PERSONAL INFORMATION We are strongly committed to data security and we take reasonable and appropriate steps to protect your personal information from unauthorised access, loss, misuse, alteration or corruption. We have put in place physical, electronic, and managerial procedures to safeguard and secure the information you provide to us. However, please be aware that there are inherent security risks of sending information by public networks or on public computers and we cannot therefore 100% guarantee the security of any data disclosed or transmitted over the internet. 7. YOUR DATA PROTECTION RIGHTS Under data protection law, you have rights including:

• 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.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE https://davidaaron.com/ (our “Website”) is owned and operated by David Aaron Limited (“David Aaron”, “us”, “we”, or “our”). We are registered in the United Kingdom under company number 09437657 and have our registered office at 64 New Cavendish Street, London, England, W1G 8TB, UK.
By using our Website, you confirm that you accept these Terms of Use and that you agree to comply with them. Use of our Website includes accessing, browsing and making enquiries over our Website. If you do not agree to these Terms of Use, you must not use our Website. We may revise these Terms of Use at any time. Please check this page regularly to take notice of any changes we make, as they are binding on you. If the changes are material, we will post a notice on our Website before the changes go into effect and will notify users who have provided us with their email addresses by email. These Terms of Use were last updated on 3 June 2021.
If you have any questions about our Terms of Use or on how to use our Website, please contact us at info@davidaaron.com or write to us at the above registered address.
Please also take the time to read our Privacy Policy which sets out the terms on how we process any personal data we collect from you and our Conditions of Supply, which record the contract between David Aaron and you when you purchase a Work from us.

1. ACCESSING OUR WEBSITE
   1. 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.
   2. You are responsible for making all arrangements necessary to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
2. INTELLECTUAL PROPERTY RIGHTS
   1. 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. 
   2. 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.
   3. 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.
   4. If you breach these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
3. NO RELIANCE ON INFORMATION
   1. 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.
   2. 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. 
4. USER MATERIAL AND CONDUCT
   1. 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.
   2. 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.
   3. If you wish to make any use of content on our Website other than that set out above, please contact us in writing.
5. LIMITATION OF OUR LIABILITY
   1. Nothing in the Terms of Use limits or excludes our liability for: (a) death or personal injury caused by negligence; or (b) fraud or fraudulent misrepresentation.
   2. 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.
   3. 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.
   4. 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.
   5. 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.
6. MISCELLANEOUS
   1. If any part of the Terms of Use is held unlawful or unenforceable that part shall be struck out and the remaining terms shall remain in effect. We hereby exclude to the fullest extent permitted by law, any rights of third parties.
   2. 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.
   3. Any notice pursuant to or in connection with these Terms of Use shall be in writing and delivered by hand or by post to our registered office or by email to info@davidaaron.com, and in the case of us sending a notice to you, to the email address or postal address provided to us by you via our Website. Notices are deemed delivered on delivery if by hand or the third day after posting, or if delivered by email, immediately upon transmission if transmitted during normal business hours in the country of the recipient, or otherwise on the following business day.
   4. The Terms of Use and any non-contractual obligations arising from or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales and shall be subject to the non-exclusive courts of England and Wales.