Privacy and Personal Data Protection Policy
Art Bid Options, Lda, NIPC 513160272, with headquarters at Av. do Brasil 186 B, 1700-077 Lisbon, (hereinafter ARTBID) is committed to protecting the personal data shared and downloaded through its Online Trading Platform, whose terms and conditions of use can be found here (...).
To that extent, this Privacy and Security Policy aims to clarify users (subjects of personal data) about the type of information ARTBID collects, for what purposes and what are the users’ rights, under the terms provided in the General Data Protection Regulation (EU Regulation 2016/679) (hereinafter GDPR) and Law No. 58/2019 of 8 August, which ensures the implementation of GDPR in Portugal.
2. Scope and application
This Privacy and Personal Data Protection Policy applies to all the personal data processed directly or indirectly by ARTBID, which is collected through the Online Platform, in the scope of the services it proposes to provide.
This policy applies to all personal data of natural persons, as the current legal framework only covers personal data of natural persons and does not apply to business data.
When we collect, retain and archive information about users, we are processing their personal data, regulating the practice of processing personal data in accordance with the provisions of this Privacy and Personal Data Protection Policy and the provisions of the General Personal Data Protection Regulation, approved by Regulation (EU) 2016/679 of the European Parliament and of the Council.
Within the scope of the processing of personal data, ARTBID may define specific sectorial and special privacy and personal data protection policies that improve, develop or specify aspects related to a certain type of processing of personal data, for the indicated purposes, or new purposes that may be developed and/or promoted.
Entity that is responsible for the processing of personal data:
ART BID OPTIONS, LDA.
Headquarters: Avenida Brasil 186 B, 1700-077, Lisboa
You may contact ARTBID about any questions related to this Privacy and Personal Data Protection Policy by contacting the following: +351210990843
3. Type/category of personal data collected
To access the online Platform you will have to create an access account (hereinafter Account), and for this purpose we request that the user provides ARTBID with the following data:
(i) Email address;
(ii) A secure, non-transferable password, which the user must know.
Once the account associated with each user has been created, the user will be responsible for creating his/her user profile on the online platform, and at this stage and for this purpose, we collect the following personal data:
(i) Full name;
(ii) Address, to ensure that items are sent or returned to the indicated addresses;
(iii) Date of birth, to guarantee that the user is entitled to sell and/or receive the auctioned items, process payments, receive returns and/or refunds, as provided for in the respective applicable contractual terms and conditions;
(iv) Telephone contact, for the purpose of closing the purchase and sale contract between Buyer and Seller, or for any other contact that may be necessary for this purpose;
(iv) Email, to conclude the purchase and sale contract;
(v) Bank account, to process any payment or refund;
(vi) Taxpayer number, or VAT number (if applicable).
If you want to sell on the ARTBID online platform, you may be asked for some additional personal information, such as scanning a photo of the user's (seller's) identification document, or other information that is required to ensure compliance with national or international legislation (if applicable).
When purchasing any Lots on the online Platform, ARTBID may collect and store all data regarding the payment made, namely, payment method, invoices issued, purchase prices, payment status, data associated with the user's bank account, credit card data, if applicable, and payment dates.
If the user should contact our specialists and/or support team, he/she will need to provide the personal details requested, by telephone, and his/her call may be recorded, with his/her express and informed consent, for quality and training purposes.
The personal data collected are indicated and flagged in the user's Access Account.
4. Purposes of processing personal data
In the scope and exercise of its activity, the collection, conservation and filing of personal data is based on and intended for the management of the contractual relationship, the provision of the contracted services and the adequacy of the services to the needs and interests of the users (Sellers and Buyers).
In this context, the personal data are used to access the online platform and its functions, to create a user profile, enabling the user to intervene more easily in online auctions, to send emails related to all of our services, services related to the user's Account and/or transactions carried out, to send emails with information on the status of the Auction, the sale of certain Lots or other purposes related to the scope of the services in question.
ARTBID collects and analyses the personal data of users’ also to measure how the online Platform is used, whether for personal or individual purposes, or for strictly professional purposes, in which case the Seller must register on the online Platform as a Professional Seller, as per applicable Contractual Terms and Conditions. For this purpose, ARTBID reserves the right to analyse the way in which the user makes use of the online Platform, and may access the user's personal data for the same purpose.
ikewise, ARTBID reserves the right to process, track and analyse the personal data downloaded onto the Online Platform for security and prevention reasons, especially to prevent acts of illegal use of the Online Platform, or when there is reason to believe that the user is not complying with the obligations set out in the applicable Contractual Terms and Conditions. In such cases, ARTBID may restrict or block the user´s access to his/her Account, under the terms and conditions set out in the applicable Contractual Terms and Conditions.
ARTBID will process the personal data downloaded onto the Online Platform in order to mediate any possible conflict or dispute between Seller and Buyer, or to help resolve any problem with the user, as long as it is related to the contractual scope in question or to the Online Platform. The user's personal data is also processed for the purposes of any complaint made about the services provided through the online Platform, and/or for the protection of any rights which may be claimed by third parties.
The fulfilment of the purposes described above exempts the provision of prior written consent by the user, and the provision of their personal data only implies knowledge and acceptance of this Privacy and Personal Data Protection Policy.
The users’ personal data may also be processed and handled to provide information on the products, services, offers, promotions and/or events held by ARTBID. However, the user can, at any time and without any additional cost, disable the sending of such communications by sending an email to firstname.lastname@example.org or by registered mail to ARTBID Option, Lda. Política de Privacidade de Segurança, to the address Avenida Brasil 186 B, 1700-077, Lisbon.
ARTBID also processes personal data in the communications exchanged between users through the private messaging system installed on the online Platform.
5. Personal data collection
Personal data is collected through the online platform, at the moment of registration of each user, i.e., creation of Account and registration.
The personal data is thus directly provided by the user when contacting ARTBID directly to contract the desired services, in accordance with the applicable Contractual Terms and Conditions.
The collection of personal data through the online Platform is always done in writing, by filling in the forms available for each of the specific purposes, or through other digital platforms (WhatsApp, Instagram or Facebook), in which ARTBID is duly disclosed.
This collection can also be done indirectly, i.e., when personal data is shared or assigned by other entities with which ARTBID maintains a commercial relationship or with whom ARTBID is connected or related on the various digital platforms that exist and where its services are duly disclosed.
6. Personal data conservation period
ARTBID keeps your personal data for the period strictly necessary and appropriate to fulfil each of the processing purposes described above.
The subject of personal data (user) may, at any time, object to the storage and processing of his/her personal data or simply invoke his/her right to be forgotten and also revoke the consent given for the processing of his/her personal data (where applicable). Whenever any of these rights is exercised, ARTBID will delete or anonymise the personal data, as appropriate, in the shortest possible time.
Notwithstanding the above, ARTBID may retain your personal data in order to comply with certain legal obligations, namely fiscal and/or contractual obligations, which may require the retention of personal data for a period not exceeding five years, or for the defence of its legitimate interests (defence in the context of any administrative, judicial, extrajudicial or misdemeanour proceedings).
7. Communication and sharing of personal data
ARTBID grants access to the personal data of the respective Data subjects to third-party subcontracted entities for the provision of the services necessary for the collection and management of all the information required for the online auctions, ensuring the correct intervention of the registered users.
ARTBID subcontracts a more specialised third party entity, whose activity consists in ensuring the operation and maintenance of its online platform www.artbid.pt.
ARTBID, in compliance with legal and regulatory obligations, verifies and requires the subcontracted third parties to comply with and execute the measures implemented by ARTBID and undertake to take the necessary security precautions and procedures, depending on the category or type of personal data shared and the risks associated with each type of treatment, to protect the security of the personal data and prevent their distortion, corruption and indiscriminate access by unauthorised third parties.
Regarding the personal data shared internally, any employee and/or service provider contracted by ARTBID is forbidden to use, share, assign, copy, reproduce, sell, alter, rectify, any personal data, regardless of the medium in which it is found, for any purpose other than that foreseen in this Privacy and Personal Data Protection Policy.
It is also agreed that any collaborator and/or service provider contracted by ARTBID is expressly forbidden to use, share, cede, copy, reproduce, sell, alter or rectify any personal data or information related to the user, regardless of the medium in which it is found, for personal use or for the practice of any activity competing with that carried out by ARTBID.
8. Security measures
ARTBID takes all the necessary precautions required by law to ensure the privacy and security of the personal data collected, adopting internal procedures regarding its organization and structure, so that access to personal data is limited only to the fulfilment of each of the intended purposes of processing, restricting access only to employees / service providers contracted to provide the contracted service, who work legitimately and directly with them.
Be warned, however, that users when accessing certain digital platforms are resorting to services made available via website, which require prudent and diligent use, avoiding unauthorised access to their personal data, maintaining total confidentiality of their access password and personal information associated with the User Registration Account on the various digital platforms.
ARTBID recommends that the holders of personal data adopt the necessary security measures, including equipment maintenance (phones, tablets and others), the updating and configuration of programmes, as well as the use of any security procedures against malicious software.
9. Rights of the personal data subjects (users)
All subjects of personal data may, at any time and tendentiously free of charge - according to the legislation in force - exercise their rights, namely the right to information, access, rectification, erasure, right to portability, right to limit the processing of personal data and the right to object to the profiling and processing of their personal data.
Any of the above rights may be exercised by any of the following means:
- Email address email@example.com;
- Registered mail to the address Av. do Brasil, 186 B - 1700-077 Lisbon, Portugal;
It is understood that your personal data may be deleted only when it is no longer necessary for the purposes for which it was collected, when your consent has been withdrawn and provided that there are no longer any legal grounds or any legitimate purpose for its processing. The erasure of personal data collected, even if requested by the user, is not automatic.
On the other hand, ARTBID reserves the right to retain certain personal data until the user fulfils all his/her contractual obligations to the other user and/or ARTBID, until all legal periods are fulfilled or necessary for the defence of ARTBID's interests. All material downloaded by the user on the online Platform will continue to be visible, even to other users, regardless of the user's request for erasure of personal data and/or cancellation of the User Account.
ARTBID commits to respond in the shortest possible time, never exceeding the legally established time limits, justifying and substantiating its decision, according to the legal parameters in force.
In any case and in any event, the subject of personal data whenever they consider that their rights have been violated or not safeguarded may lodge a formal complaint with the National Commission for Data Protection (Comissão Nacional de Proteção de Dados (CNPD)).
10. Changes to the Privacy and Personal Data Protection Policy
ARTBID may change this Privacy and Personal Data Protection Policy or any terms and conditions of sectoral privacy and personal data protection policies, always in accordance with applicable national and EU legislation.
ARTBID is not responsible for the content accessed through any digital platform and that may be related to its services, as well as for the treatment of personal data carried out there, being these hyperlinks or treatments carried out under the responsibility of third parties.
The pages or contents of third parties are not subject to this Privacy and Personal Data Protection Policy, so we advise that whenever you browse or consult these sites or platforms you should look and read the privacy policies, as well as the terms and conditions applicable.
11. Governing law
This Privacy and Personal Data Protection Policy is drafted and fully subject to the legislation in force in Portugal and the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, applicable in Portugal by virtue of the Implementing Law of the General Data Protection Regulation, approved by Law no. 58/2019, of 8 August.
Date of last update: 27.07.2021
RESPONSIBLE FOR TREATMENT
ARTBID OPTION LDA
Morada: Av. do Brasil, 186 B | 1700-077 Lisboa
Morada: Av. do Brasil, 186 B | 1700-077 Lisboa