Terms & Conditions - Last Modified: March 21, 2021
This document contains important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that apply to you. Please read it carefully.
For the avoidance of doubt, your use of certain areas, services or features of the Digital Platforms may be subject to additional terms, which will be posted or otherwise made available to you in connection with such area or feature. By way of example, your purchase of non-auction products through Griet’s Digital Platforms will be governed by the applicable Terms of Sale, and your participation in online auctions shall be governed by the Conditions of Sale applicable to the relevant auction.
1. Electronic Communication. When you access or use the Digital Platforms, provide your e-mail address to our representatives, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Digital Platforms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
2. Proprietary Rights. As between you and griet, griet owns, solely and exclusively, all right, title and interest in and to the Digital Platforms and all elements thereof, including: all the content (including without limitation audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, Trademarks, etc.), software, code, data and materials used therein or available thereon; the look and feel, design and organization of the Digital Platforms; the compilation of the content, code, data and materials in the Digital Platforms; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution and subsequent modification) and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the foregoing. Your use of the Digital Platforms does not grant to you any right, title or interest in any element thereof, and griet’s (or our applicable licensors, partners, or affiliates) owns and retains all right, title and interest (including all intellectual property and proprietary rights) therein and thereto.
Any commercial distribution, publishing, use or exploitation of the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms), is strictly prohibited unless you have received the express prior written permission of griet or the applicable rights holder.
(a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;
(b) reveal any personal information about another individual, including another person's name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
(c) insert your own or a third party's advertising, branding or other promotional content into any of the any services, content, functions, information, materials or products available through the Digital Platforms; use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or otherwise engage in unauthorized or unsolicited advertising or marketing;
(d) engage in data mining, spidering, "screen scraping," "database scraping," harvesting of catalogue information, e-mail addresses, IP addresses or other contact or personal information, or any other automatic means of obtaining information from the Digital Platforms or through the Digital Platforms or the services offered on or through the Digital Platforms;
(e) obtain or attempt to obtain unauthorized access to computer systems, materials or information that is not intentionally made publicly available by griet through any means, including through password mining;
(f) use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms in violation of griet’s or any third party's intellectual property or other proprietary or legal rights;
(g) frame or link to the Digital Platforms without our express written permission or as otherwise expressly permitted pursuant to Section 8 below;
(h) use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms for purposes of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information;
(i) engage in activities, or use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms, in a manner that could damage, disable, overburden, or impair the Digital Platforms or our (or our third-party service providers’) computing, storage or communications infrastructure, or interfere with any other party's use and enjoyment of the Digital Platforms;
(j) use or deploy any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of griet or any third party; or
(k) attempt (or encourage or enable anyone else's attempt) to engage in any of the foregoing prohibited activities or otherwise alter or interfere with the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms.
5. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on or in connection with the Digital Platforms (or on content available on the Digital Platforms) and all rights therein belong to Ceramics by griet, or our affiliates, licensors or partners, or other parties, and may not be used in any manner unless expressly authorized in writing by griet or the applicable Trademark owner.
We will not knowingly collect personally identifiable information from any person that is actually known to us to be a child under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE DIGITAL PLATFORMS AT ANY TIME OR IN ANY MANNER.
You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
You may register for an account on the our Websites. We may refuse to accept any application for an account registration, or may cancel any account registration at any time, in our sole discretion. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You are solely responsible for maintaining the confidentiality of your access credentials and other account information, and acknowledge and agree that you are and will be solely liable for any and all acts and omissions under your account, including any content that is posted or transmitted using the Digital Platforms. Without limiting the foregoing, you agree to use reasonable efforts to prevent unauthorized access to or use of your account and to preserve the confidentiality of your username and password, and any device that you use to access your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You will be solely responsible for losses incurred by griet and others due to any unauthorized use of your account.
8. Linking to the Digital Platforms. You agree that if you include a link from any other web site to the Digital Platforms, such link shall: (i) not contain any logos, but rather should merely read "Griet Van den Auwelant" in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Digital Platforms. You are not permitted to link directly to any image hosted on the Digital Platforms or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You are permitted to link directly to videos hosted on the Digital Platforms only with proper credit to Griet, and you may not alter the videos in any way. You agree not to download or use images hosted on the Digital Platforms on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to the Digital Platforms in any manner such that the Digital Platforms, or any page of the Digital Platforms, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Digital Platforms be discontinued, and to revoke your right to link to the Digital Platforms from any other web site at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may write to: Ceramics by griet, POBOX 502592 Dubai, UAE, or send us an email. Attention: Website Management.
10. Orders for Products and Services. We may make certain products available for purchase through the Digital Platforms to visitors and registrants of the Digital Platforms, including, for example, our auction catalogue. Certain products that you bid on, purchase and/or download on or through the Digital Platforms may be subject to additional terms and conditions presented to you at the time of such bidding, purchase or download.
12.Copyright. We respect the intellectual property rights of others, and require that all who use the Digital Platforms do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send the following information to us:
(a) Your address, telephone number, and email address;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the alleged infringing material is located;
(d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
13. Disclaimer of warranties.
You expressly understand and agree that your access to and use of the digital platforms is at your sole risk, and the digital platforms and all services, content, functions, information, materials and products available through the digital platforms are provided on an “ as is ” and “ as available ” basis without warranty of any kind, including but not limited to the implied warranties of title, non-infringement, integration, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
Without limiting the foregoing, the released parties (i) make no warranties or representations regarding any products or services ordered or provided via the digital platforms, and (ii) hereby disclaim, and you hereby waive, any and all warranties and representations with respect thereto, including without limitation any and all warranties and representations made in product or services literature, frequently asked questions documents or otherwise on the digital platforms or in correspondence with griet or our agents. You are solely responsible for, and assume all risks related to, the handling, storage, and use of any products made available to you via the digital platforms.
The released parties further do not warrant or guarantee that:
(a) the digital platforms or any services, content, functions, information, materials or products available through the digital platforms will meet your requirements or that the quality of any goods, products or services available on the digital platforms will meet your expectations;
(b) any information provided will be timely, accurate, reliable, precise, thorough, correct or complete;
(c) the digital platforms or any services, content, functions, information, materials and products available through the digital platforms will be available at any particular time or place, uninterrupted, timely, secure, or error-free;
(d) any defects or errors in the digital platforms will be corrected;
(e) the digital platforms will be free of viruses or other harmful components; or
(f) any particular result or outcome can be achieved or that the results that may be obtained from the use of the digital platforms will be accurate or reliable.
14. Limitation of liability.
In no event shall any released party be liable, whether in an action based on a contract indemnification, obligation, tort (including without limitation negligence), collaterally or arising from any statutory duty, pre-contract or other representations, or otherwise, however arising, for any economic losses (including, without limitation, loss of revenues, profits, contracts, business, goodwill or anticipated savings) or any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to (a) any breach of this agreement, (b) the use of, or the inability to use, the digital platforms or the content, materials, information, functions or products available through the digital platforms, (c) your provision of information via the digital platforms; (d) any inaccuracy or omission concerning any of the information provided on the digital platforms; (e) any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the digital platforms, or (f) lost business or lost sales, even if such released party has been advised of the possibility of such damages.
Without limiting the foregoing, any materials, data, text, images, video, audio or software downloaded or otherwise obtained through the digital platforms are accessed, downloaded or obtained at your own discretion and risk, and you will be solely responsible for any damage to your computer system, mobile device or other property that results therefrom or from your use of any such materials.
Some jurisdictions do not allow the limitation or exclusion of liability for direct, incidental or consequential damages so some of the above limitations may not apply to certain users.
You understand and agree that any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action, unless both you and griet specifically agree to do so in writing following initiation of the arbitration. This provision is not applicable to the extent such waiver is prohibited by law.
You understand that you and griet are agreeing to give up any rights to litigate claims before a jury.
16. Local Standards. We do not represent or warrant that the Digital Platforms or any content, materials, information, functions or products available through the Digital Platforms are appropriate for use in all locations. Persons who choose to access the Digital Platforms do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Ceramics by griet
Attn: Website Management
This Policy covers information that you give us when you bid on an item, purchase something from us, consign art work or other goods to us, register for or attend any of our live events around the world, visit or register for any of our griet’s branded websites or apps, request a catalog, sign up for any of our print or online publications or newsletters, or publish information on griet’s pages on social media platforms.
HOW WE COLLECT INFORMATION ABOUT YOU
Personal information is information, or a combination of pieces of information that could reasonably allow you to be identified. We will collect personal information about you from a variety of sources, including information we collect from you directly (e.g. when you contact us), information we collect about you from other sources and information we collect automatically from you, as described below:
Information We Collect Directly From You
The categories of information that we collect directly from you are: personal details (e.g., name, date of birth), contact details (e.g., phone number, email address, postal address), transaction information (e.g., bidding or purchase records, shipping details, information about items you purchase or wish to consign), limited financial information (e.g., tokenized payment information in connection with your purchases, wire instructions) information about your property in our possession or storage, username and password, and identification information.
We rely on the information you provide to us or that we collect or observe about your individual interactions with us, for example, if you attend a live event, participate in one of our auctions, become a client, or register online. If you have registered with us online, we use data collection technologies to collect information that indicates your individual interests in our websites, online platforms and apps, and your response to our emails and marketing campaigns.
Information We Collect From Other Sources
We may add public information about you from external sources, including social media sites. The categories of info we collect about you from other sources are your public profile information, family relationships, and organizational affiliations. We may work to expand our customer base by acquiring names, contact data, financial information, affiliations, and demographic information from other sources such as private companies, public registers, and social media sites. We may also generate information such as appraisals, profiles, and a history of our relationships with you based on the information you have provided or that we have obtained from other sources.
We may make video recordings of our auctions, gallery spaces, and certain live events.
Information We Collect Automatically
We may use common data collection technologies as you visit our websites or apps or interact with our emails:
– Our logs gather date, time, information about your browser and system or device configuration, information about how you interact with our digital properties, and an IP address for all visitors to our sites. We use this information for our internal security purposes, for trend analysis and system administration, and to gather general information about our audiences and their geographic locations.
– In general, our app will funnel data you provide about yourself, for example, registration, purchase or bidding data, back to our data bases and systems. An app may however, rely on other data collection technologies to recognize the device you use for viewing and personalize your experience. If our app relies on additional data collection technologies that collect or use data about individual users, we will include additional notice either within the app or in a policy that accompanies it.
– We also use and allow certain other companies to use technologies that are similar to cookies (for example pixels and gifs) when we send you emails. This helps support the delivery of Internet-based content and advertisements to you.
The way we analyse personal information for advertising and marketing purposes and for client development, risk assessment, or fraud prevention may involve profiling, which means that we may process your personal information using software that is able to evaluate your personal aspects and predict risks or outcomes. For example, we may use the information we collect (e.g., bidding and purchase information, browsing history, and consignment history) to infer your interests. And we may use those inferences to support automated decisions about the content, recommendations, and offers we present to you on our digital properties. We may use automated tools to flag for further review suspicious activities associated with our digital services (e.g., multiple logins from different locations within a short period of time or activities associated with suspicious IP addresses). These automated activities will not, in themselves, have legal or similar effects for you.
HOW WE USE INFORMATION ABOUT YOU
Griet uses data about you for the following purposes:
– To manage and assure the integrity of our sales and auctions.
– To fulfill your orders and purchases, facilitate consignments, provide the services, publications, catalogs, and information you request, and manage your account, enquiries and requests and to manage your relationship with us.
– To send you information about upcoming events and content that you may be interested in.
– To improve and personalize based on your inferred interests our website and services.
– To match online ads to your interests, arrange for griet’s and other companies’ ads to reach you after you have left our sites, and help advertisers show you ads that are more relevant to your interests.
– To expand our online audiences.
– To provide, maintain, and protect our digital offerings.
- To protect against risk of fraud by clients.
– To protect and defend our rights and property, you, or third parties.
– To comply with legal obligations to which we are subject and cooperate with regulators and law enforcement bodies.
– For any other purpose that we tell you about specifically when you register or provide data about yourself to us.
WHEN WE MAY DISCLOSE INFORMATION THAT IDENTIFIES YOU
griet may disclose or transfer data that identifies you to other companies or entities only as follows:
– To business partners and vendors that work on our behalf to provide services such as item shipments, mailings, customer account and technology support, secure payment processing, fraud prevention, digital marketing management, and data storage.
– To our online auction partners in association with auctions.
– To consigners and others as needed to facilitate a consignment or purchase.
– To organizations we partner with to host events.
– To law enforcement or other entities that present valid legal process or in our discretion, unless otherwise prohibited by law, to protect human safety, our rights, or the rights of others.
– To meet certain legal compliance requirements for example, under AML (anti-money laundering) laws, or customs laws and regulations.
– As part of a sale, merger, liquidation, or transfer of our business assets.
You have a choice about and control over:
– Receiving marketing messages from us. We may contact you by email, text, or SMS messaging.
– You may also stop email marketing by using the “opt out,” or “unsubscribe” mechanism at the bottom of our email marketing messages. In most cases, we will give you a choice about stopping just one kind of email or opting out of all email marketing from us.
– If you have provided data about yourself to us and reside in the European Union (“EU”) you have the legal right to ask us not to process that personal data about you for marketing purposes and to revoke your consent at any time. To make such a request, please contact us by email.
– Whether your account is up to date. You may review and edit the Personal Information that is stored in your user account on our website (e.g., your passwords and other contact information) by visiting the “Profile” area of your account on our website or by contacting griet via email. We will endeavor to respond to your request as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies, or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.
INFORMATION SECURITY AND STORAGE
Griet is committed to protecting your personal information and securing our computer systems. We consider the confidentiality of your personal information to be important and we use industry-standard security measures to safeguard your data from manipulation, destruction, or access by unauthorized persons and to prevent unauthorized disclosure.
griet’s registration, client profile, email subscription and catalogue purchase pages are password-protected.
• We encrypt your password in our database so that only you know your password. No person - not even an authorised Client Service Representative - is authorised to retrieve your password once you set it.
• We use industry-standard browser security (https), which encrypts the pages of our website that contain your personal information when you use our website, and protects your data from unauthorized access as it passes through the internet between our website and your computer.
• We uses industry-standard measures, including firewalls, to protect its databases.
• We continually enhance our security measures as new technology is made available and in response to newly discovered threats.
We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Please be aware, though, that no security measures are perfect or impenetrable. You remain responsible for protecting your username and password and for the security of information you transmit to us over the Internet.
We will keep your personal information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal information for a period of time that enables us to:
– Maintain business records for analysis and/or audit purposes.
– Comply with record retention requirements under the law or other relevant legal or regulatory requirements.
– Defend or bring any existing or potential legal claims.
– Deal with any complaints regarding the services.
– Preserve historical records of transactions and property.
We will delete your personal information when it is no longer required for these purposes.
Our websites are directed to adults, including young adults. They are not directed to children, particularly under those under the age of thirteen. We do not accept them as clients or knowingly collect data about them.
LINKS TO THIRD PARTY WEBSITES
Our websites may contain links to other websites not owned or controlled by griet. Those websites may collect information about you. We are not responsible for their practices or content.
HOW TO CONTACT US
ADDITIONAL INFORMATION FOR EEA CUSTOMERS & VISITORS TO OUR DIGITAL PLATFORM
In order to meet privacy regulations in the European Economic Area (“EEA”) and Switzerland, Griet provides additional information to its EEA based customers, website visitors, and users of its apps.
Who is responsible for your data?
If you visit our digital platform, then the data controller will be Ceramics by griet, a UAE entity, and this Policy contains our contact details.
What is the legal basis on which we rely to process your data?
On some occasions, we process your data with your consent (e.g., when you agree that we may place cookies, or if you ask griet to send you information about upcoming events).
On other occasions, we processes your data when we need to do this to fulfill a contract with you (e.g., for billing purposes) or where we are required to do this by law (e.g., where we have to fulfill anti-money laundering requirements). If it is mandatory for you to provide data for these purposes, we will make this clear at the time and will also explain what will happen if you do not provide the data (e.g., that we will not be able to process a bid at auction).
We also process your data when it is our legitimate interests to do this and when these interests are not overridden by your data protection rights. For example, we have a legitimate interest in ensuring the security and integrity of our auctions and sales, in learning about the interests and preferences of our current and prospective clients, in developing new business opportunities, in maintaining accurate business and provenance records, and in ensuring that our websites and apps operate effectively. When we process personal information to meet our legitimate interests, we put in place robust safeguards to ensure that your privacy is protected and to ensure that our legitimate interests are not overridden by your interests or fundamental rights and freedoms.
We may transfer personal data to countries outside the EEA, including to countries which have different data protection standards to those which apply in the EEA. We have put in place European Commission approved standard contractual clauses to protect this data. For more information on the appropriate safeguards in place, please contact us.
You may ask us for a copy of your personal information, to correct it, erase it, restrict our use of it, or to transfer it to other organizations at your request subject to local law. You also have rights to object to some processing and, where we have asked for your consent to process your data, to withdraw this consent. In particular, you have rights to object to direct marketing at any time. Where we process your data because we have a legitimate interest in doing so (as explained above), you also have a right to object to this. These rights may be limited in some situations – for example, where we can demonstrate that we have a legal requirement to process your data.
If you would like to discuss or exercise such rights, please contact us. We encourage you to contact us to update or correct your information if it changes or if the personal information we hold about you is inaccurate. We will contact you if we need additional information from you in order to honor your requests.
We hope that we can satisfy queries you may have about the way we process your data. We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. However, if you have unresolved concerns and believe that we have not been able to assist with your complaint or concern, you also have the right to complain to data protection authorities.
Changes to this Policy
You may request a copy of this Policy from us using the contact details set out above. We may modify or update this Policy from time to time.
If we change this Policy, we will notify you of the changes by updating this Policy on our website. Where changes to this Policy notice will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise your rights (e.g., to object to the processing if you are located in the EEA or Switzerland).