CONFIDENTIALITY POLICY IN FORCE FROM 23/10/2019
This document seeks to inform you of our practices for processing and protecting your Personal Data (“Data”), as defined below, obtained from the site www.drouotonline.com and http://www.moniteurlive.com, in strict compliance with your rights.
We encourage you to read all the information we provide carefully and to please contact us if you have any questions.
"Data": means any information which, directly or indirectly, enables a natural person to be identified by reference to an identification number or to one or more elements specific to it. You will never be asked to enter so-called “sensitive” personal data, such as your racial or ethnic origins, your political, philosophical or religious opinions, or information concerning your income or tax situation.
Your Data are only collected for the strict use and understanding of the Platforms as well as the purposes described in Article 4.
Drouot SI acts as the data controller for your Data that is collected during the use of our Services and the Drouot Online and MoniteurLive Platforms to provide you with the Services. This means that Drouot SI is, in particular, responsible for its collection, security and use for the purposes described herein, in compliance with the Data Protection rules.
Drouot does not loan or transfer its customer files to third party commercial companies unrelated to the Services as defined herein.
"Services": Drouot SI provides websites that allow you to:
- in public auctions broadcast live (“Live Sales”),
- in auctions taking place only on the internet (“Online Sales”);
"Drouot SI" / "We": the Services are provided by Drouot SI, 9 rue Drouot – 75009 Paris, SAS with capital of 50,000 euros registered in the Paris Trade and Companies Register under number 790 095 780.
“User” / “You”: means any natural person using the Drouot Online and MoniteurLive Platforms.
By using our Services and subscribing to the Drouot Online or MoniteurLive Platform, you undertake to provide genuine information about you and understand and agree that your Data may be collected, used, stored and disclosed to third parties as described below for the purposes of providing the Services to which you wish to subscribe.
The disclosure of false information is contrary to the General Terms and Conditions of Use of the Drouot Online or MoniteurLive Platform.
- Data collected
We may collect the following categories of Data:
a. Site Navigation
Connection data. Every time you log into one of the Drouot Online or MoniteurLive Platforms, we passively collect information such as, in particular, your computer’s IP address, the date and time of connection, together with information about your browser.
Navigation data. We also collect information to identify how you access one of the Drouot Online or MoniteurLive Platforms, which pages are viewed and for how long.
b. Creating an Account
In accordance with the General Terms and Conditions of Use, when you create an Account on one of the Drouot Online or MoniteurLive Platforms (“Account”), you will be asked to enter a certain amount of Data, in particular your first and last names, your postal address, your email address, your telephone number, date of birth, etc.
We also ask that you send us your ID.
This information is required by sales operators organising auctions, in which you register to place Absentee Bids and bid, to comply with the legal obligation to formally identify their customers, to which they are subject in particular in the context of anti-money laundering. Account creation information is also needed to manage the customer relationship between Drouot SI and Users and is necessary for the use of one of the Drouot Online or MoniteurLive Platforms.
c. Absentee Bids and online auctions with an Account
When submitting an Absentee Bid online (“Absentee Bid”) or when you bid online, we collect certain information such as the history and details of your purchases, the number and amounts of your bids, etc.
d. Bank data
When you register for a sale on one of the Drouot Online or MoniteurLive Platforms, your bank details are requested to verify the validity of your bank account.
However, this Data is sent directly to Drouot SI’s payment service provider, Ingenico (which is a PCI-DSS-certified company), through its own services. We do not hold such Data, we only have a footprint of it. Its collection and processing is governed by this company's own terms and conditions.
- Purposes of collecting your Data
Your Data are collected to enable us to provide you with the Services for one or more of the following purposes:
- Creation of an account on one of the Drouot Online or MoniteurLive Platforms,
- Enabling you to use one of the Drouot Online or MoniteurLive Platforms,
- Providing you with a history and details of your purchases and the number and amounts of your bids,
- Ensuring the proper execution of transactions initiated by Users such as: sales registrations, Absentee Bids, placing bids, purchases, payments and deliveries,
- Offering efficient customer service, particularly in terms of helping users of one of the Drouot Online or MoniteurLive Platforms, and complaint management,
- Compiling a file of Users, customers and prospects,
- Sending Newsletters, requests and promotional messages according to the preferences selected when registering with one of the Drouot Online or MoniteurLive Platforms from the categories offered, on the conditions detailed below (“Newsletter”),
- When you log in to one of the Drouot Online or MoniteurLive Platforms , suggesting items geared to the preferences you set at the time of your registration,
- Compiling sales and traffic statistics for our Services internally,
- Managing outstanding payments and any disputes sent by sales operators regarding the use of our Services,
- Combating fraud,
- Managing your requests for the right to access, rectify and object to the collection of your Data,
- Complying with our legal and regulatory obligations.
We inform you, when collecting your Data, if certain Data must be entered or if this is optional. If you do not complete these required fields, you will not be able to access the Services.
You can sign up to our Newsletter when you register or, later, by accessing your personal space from your Account. Your consent is obtained by ticking a box.
You can unsubscribe from Newsletters at any time by accessing your personal space from your Account in the "personal information" block in the "Profile" section or by clicking on the unsubscribe link found at the bottom of the emails received.
If the unsubscribe link malfunctions, you can unsubscribe by sending a message to the following address: firstname.lastname@example.org.
- Recipients of the Data
a. Sales operators
To find out more, we suggest that you read their privacy policies. You will then know how sales operators use your Data when they act as data controller for the running of Live Sales and Online Sales, the auction, payment and delivery of lots to the successful bidder.
A sales operator is a natural person or legal entity that arranges auctions. It uploads Live Sales or Online Sales on one of the Drouot Online or MoniteurLive Platforms for use by Users.
This person can be:
- A voluntary sales operator carrying out voluntary sales in accordance with the regime prescribed by Articles L.321-1 of the Commercial Code;
- A legal Public Auctioneer, public officer and ministerial officer responsible for carrying out the appraisal, the valuation and the legal sale at public auction of the furniture and chattels governed by the laws of 10 July 2000 and 20 July 2011.
- Any person authorised to hold auctions in any other country and, in particular:
- In Belgium, any person who has requested the presence of a ministerial officer to record the sale in the minutes;
- In Italy, any company registered as such, having obtained a commercial sales licence issued by the Chamber of Commerce and a public safety licence issued by a special police force;
- In Germany, the Versteigerer, counterpart of the French voluntary auctioneer, who is an independent professional of more than 25 years who has been judged to be of high moral standing and who has obtained administrative authorisation to carry out auctions.
- To manage your Absentee Bids or your online bids: we share some of your information with the sales operators to enable you to make an Absentee Bid or bid online on one of the Drouot Online or MoniteurLive Platforms. The sales operator thus checks your identity and meets the legal antimoney laundering obligation to which it is subject. Your identity data is then disclosed;
- We also send your email or telephone number to sales operators so that they can contact you if necessary;
- Sales operators manage the payment of your auction purchases themselves. We send them the necessary information, such as the amount of your bid and the nature of the lot won;
- We may only share your Data with sales operators for direct marketing purposes with your agreement via a tick box when you register for one of the Drouot Online or MoniteurLive Platforms. When you have given us your consent, we undertake to share your Data only with sales operators and art professionals who use our services.
b. Our service providers
We share your Data with our own service providers located in the European Union, in particular to perform services and actions on request and on behalf of Drouot SI, such as checking the validity of your telephone number or ID, sending promotional and marketing emails or text messages or enabling you to manage your transactions.
We use and process your login data to identify, delineate and eliminate malfunctions and errors in telecommunication systems.
If the conditions are met, we may use the login data to detect any illegal use of telecommunication systems and services.
c. The Drouot Group companies
As Drouot SI is a subsidiary of the Drouot Group, it will be able to communicate your Data to any Drouot Group company in order to inform you about the services offered by the Drouot Group companies.
d. The legal authorities
In accordance with the legal provisions in force, Drouot SI may be required to provide information to the competent authorities and courts for the purposes of criminal proceedings. Drouot SI may not notify you of the disclosure of your Data to authorised third parties.
- Data Retention Period
We retain your Data only for the period necessary for the performance of our Services and up to 3 years after the last use of your User Account.
After this 3-year period, Drouot SI may contact you again to invite you to log in to your Account within a period of 15 days. In the absence of positive and express action on your part, the Account will be deactivated and the related data will be deleted or anonymised in accordance with the legal provisions in force.
According to Article L.123-22 of the French Commercial Code, Drouot SI archives all Data, during ten years and for the purposes of billing and accounting management.
The Data is archived as part of the management of contracts between professionals and non-professionals or between professionals for a period of five years according to Article L.110-4 of the Commercial Code. According to Article 213-1 of the Consumer Code, this period may be extended to ten years when the contract is concluded electronically with a consumer and it deals with an amount of at least 120 euros and Drouot SI guarantees its access at any time to to the Contractor if requested.
At the end of this period, Drouot SI undertakes to erase or anonymize the data it has in its possession.
- List of bad payers
In the event of a payment default by a Bidder at the end of the reminder procedure described in Article 12 of the General Terms and Conditions of Use, you agree that Drouot SI will keep your Data on a blacklist of bad payers for a maximum period of 3 years in order to prohibit you from using our Services during this period.
If you are registered on this list, you will be informed at the time of registration.
If the incident is resolved, your Data will be completely removed from the blacklist.
In the event of a dispute concerning inclusion on such a list, the User may contact Drouot SI on the conditions described in Article 11.
- Closure of your Account
If you have created an Account and wish to close it, please write to us at the address shown in Article 15.
Once your request has been received, we will deactivate your Account and delete or anonymise your Data within a maximum of two months of your request.
In addition, if your Account is not used for more than 3 years, Drouot SI reserves the right to deactivate your Account, subject to sending a prior email inviting you to connect to your Account within 15 days. If you do not log in, we will deactivate it and delete or anonymise your Data which will then be used only for internal statistical purposes.
We have implemented technical and organisational security measures to ensure the security, integrity and confidentiality of all of your Data to prevent it from being lost, stolen, damaged, distorted or distributed to unauthorised persons.
In addition, you are responsible for ensuring the confidentiality of the password that allows you to access your Account. Do not share this information with anyone. If you share your computer, don’t forget to log out before leaving one of the Drouot Online or MoniteurLive Platforms.
We do not have access to your password. We cannot, therefore, send you your password if you forget it. However, you can change it at any time on one of the Drouot Online or MoniteurLive Platforms via the password reset procedure.
We store your Data on servers located within the European Union.
Cookies are text files stored in your browser. They are created when a User’s browser loads a given website: the site sends information to the browser, which then creates a text file.
Each time you return to the same site, the browser retrieves the file and sends it to the website server.
You can also continue to browse while refusing cookies under the conditions described below.
a. Cookies used
Drouot SI uses the services of Google Analytics to collect information about your use of the Drouot Online ans Moniteur Live Platforms.
Google Analytics is a marketing analytics service operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses text and digit codes that will be stored on your device and that will analyse the use of the Services.
The information generated by cookies about your use of the Services (including your IP address) will be transferred to and stored by a Google server.
Google will use this information to assess your use of the Services, prepare activity reports for site operators and provide other services related to the use of sites and the Internet.
Google may transfer this information to third parties if required by law or if third parties process this data on behalf of Google.
Google Analytics stores information about:
- The pages you visit on Drouot Online or MoniteurLive Platforms;
- The time you spend on each of these pages;
- The links that made it possible to arrive on Drouot Online or MoniteurLive Platforms;
- What you click on when browsing Drouot Online or MoniteurLive Platforms.
We do not use re-targeting advertising cookies or any other pixel advertising prospecting service indicating whether users have performed specific actions on a site after clicking on an advertisement appearing on one of the pages.
Google Analytics uses the following cookies:
Indicates how many people visit Drouot Online or MoniteurLive Platforms, distinguishing users who have already visited the Platform.
Used to monitor how often web page requests are made
b. Purpose of using cookies
The cookies we send allow us to:
- compile statistics and volumes of visits and use of the various features of Drouot Online or MoniteurLive Platforms (sections and content visited, routes), enabling us to improve the interest and ergonomics of our Services;
- Adapt how Drouot Online or MoniteurLive Platforms is presented to the display preferences of your device (language used, display resolution, operating system used, etc.) during your visits to Drouot Online or MoniteurLive Platforms, depending on the hardware and software used by your device to view or read content.
c. Managing cookie settings
Each browser’s configuration for the management of cookies and your choices is different. Your browser's help menu will tell you how to change your preferences regarding cookies. You will find information below about the main browsers.
We do not accept any liability whatsoever for the consequences associated with the reduced operation of certain Services, resulting from the inability to save or consult the cookies necessary for their operation and which you have refused or deleted.
You can also choose to object specifically and solely to Google Analytics cookies by installing the additional unit accessible by clicking on the following link:
- User’s Rights
The Data provided are necessary for the performance of the contract for the provision of Services to which you have agreed. You may, therefore, not withdraw your consent to the processing of Data necessary for the performance of the Service, unless you cease using the Services.
However, you may consult, modify or request the deletion of your Data for legitimate reasons at any time using the contact details specified in Article 15 below. These requests will be implemented within two months of your request. Since 25 May 2018, requests to restrict the processing or portability of the Data have been made on the same conditions.
You may also object at any time to the processing of your Data to which you have previously given specific consent for marketing purposes.
Drouot SI provides you, free of charge, with information relating to the Data stored about you. Information may be provided electronically if you wish.
For your security, please understand that in the event of a request for information or modification, we need to verify your identity. Your ID will not be retained following your request.
Drouot SI undertakes to notify all recipients of the Data processing of your request.
- Treatment of data after death
You have the right to compile guidelines, to which you have specifically consented, relating to the retention, erasure and disclosure of your Data after your death. You may change or revoke these guidelines at any time.
You may appoint a person to carry out your guidelines. Upon your death, Drouot SI will consult the guidelines and request that they be implemented. Where you have made no such designation or, unless otherwise directed, in the event of the death of the person, your heirs have the capacity to read your guidelines and request that Drouot SI implements them.
In the absence of any guidelines or of anything to the contrary in your guidelines, your heirs may exercise your rights to the extent necessary for the following purposes:
- Organisation and settlement of your estate. As such, your heirs can access the Data processing concerning you in order to identify and obtain information useful for the liquidation and sharing of the estate. They may also be provided with digital goods or familyrelated data that can be passed on to heirs;
- Drouot SI’s processing of your death. For this purpose, your heirs may have your Accounts closed, object to the continued processing of Data concerning you or have them updated.
When requested by your heirs, Drouot SI shall provide evidence, at no cost to the applicant, that the transactions required by the heirs have been carried out.
Disagreements between heirs regarding the exercise of these rights will be brought before the competent High Court.
Drouot SI also reserves the right to modify or suspend, without giving any reason, all or part of the Services.
No compensation is payable to you for any modification or deletion of the Services.
In the event of a dispute concerning the use of your Data, you may refer the matter to the French National Data Protection Authority (the CNIL).
You can send any questions about your Data and how we use it directly to: email@example.com or to the following postal address: Drouot SI - 18 boulevard Montmartre - 75009 Paris.
If you want to delete your Account or to exercise your right to object, question, access, correct or remove the Data, you can contact us at the same addresses on the conditions described in Article 11 above.