WHITE CUBE PRIVACY NOTICE
INTRODUCTION
Welcome to White Cube’s privacy notice.
We respect your privacy and we are committed to protecting your personal information.
This privacy notice applies to all White Cube operations. It explains the type of information that we collect and hold about you and our reasons for doing so, as well as your privacy rights and how the law protects you.
Please use the Glossary to help you understand the meaning of some of the terms used in this privacy notice, such as “data” and “processing”.
We may update this privacy notice from time to time and will post any revised notice on this web page. Where appropriate we may notify you by email or by a notice on our website if there are material changes to our privacy notice.
This version was last updated on 7 May 2020.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
This privacy notice is sub-divided under the following headings:
1. WHO WE ARE
White Cube consists of White Cube Limited and several other companies located inside and outside the EEA. The principal operating companies are:
White Cube Limited, a company registered in Jersey at 37 Esplanade, St Helier, Jersey, JE2 3QA, Channel Islands, under registration no. 123395, whose principal place of business is 144-152 Bermondsey Street, London, SE1 3TQ, which is the primary Data Controller under the applicable EU data protection law, namely the General Data Protection Regulation (EU) 2016/679(the GDPR);
White Cube Hong Kong Limited, registered in Hong Kong at 50 Connaught Road, Central, Hong Kong under registration no. 1629287;
White Cube Inc., registered in the State of Delaware at 251 Little Falls Drive, Wilmington, DE 19808, USA, under registration no. 5870240;
White Cube Paris SARL, registered in Paris at 3 Boulevard de Sebastopol, 75001 Paris, France, under registration no. 823 397 690.
This privacy notice is issued on behalf of the White Cube group, so that when we mention “White Cube”, “we” or “us” in this privacy notice, we are referring to the relevant company in the White Cube group that is responsible for processing your data.
2. HOW DO WE COLLECT INFORMATION ABOUT YOU?
Direct Interactions
Most of the personal data we process about you comes directly from you (whether face to face, over the telephone, on a paper form, by email or online).
For example, we collect data from you directly:
Your image may be collected by White Cube if you attend our premises; in particular, we use CCTV on our premises, including in our gallery spaces, for the security of our staff, our visitors and the artworks that we exhibit and sell. We may also have staff photographers documenting events.
Collection from other sources
We may also obtain information about you and/or the artworks that you own or wish to buy or sell or collect from other third party sources; for example:
We may receive:
We also collect, use and share aggregated data, such as statistical or demographic data, for any purpose (Aggregated Data). Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature.
Automated Interactions
As you interact with our website, we may automatically collect technical data about your equipment, browser type, time zone settings, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We use this information for our internal system administration, to administer our website, and to monitor and improve the user experience, particularly in online viewing rooms and for virtual exhibitions.
3. WHAT PERSONAL INFORMATION DO WE PROCESS AND WHY?
We will only use your personal data when the law allows us to do so.
Most commonly, we will use your personal data in the following circumstances:
The Glossary contains more information about the legal grounds for processing.
We have set out below the types of personal data that we process, the reason for doing so and the legal grounds for processing.
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Purpose/activity |
Types of personal data (please note that the list contains examples and is not exhaustive) |
Legal grounds for processing |
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To add you to our database or register you as a new client
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Name, title, and contact details (including email address, postal address, telephone numbers)
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Performance of a contract (e.g. where performing the contract we are about to enter into with you (upon a sale) will require your contact data to be added to our records) Legitimate Interests (in the event that you provide us with a business card at an event such that you want us to record your details on our database) Consent (in the event that you express an interest in White Cube or one of our artists’ artworks and agree to being added to our database) |
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To provide you with requested goods or services (for example, sales, storage, shipping, loans, insurance) |
Name, title, and contact details (including email address, postal address, telephone numbers) Your bank account details (if we need to pay you) or payment card details or bank transfer receipt (if you need to pay us) Information about the person or organisation who has introduced you, and any fee they receive Details of the artwork to which a transaction relates Details of the nature of the services including contractual terms
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Performance of a contract |
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To evidence our compliance with legal requirements (for example, knowing our clients and preventing money-laundering, payment of taxation and customs duties, anti-discrimination) |
Your date of birth, identification documents (including photo) and the results of identification verification checks Records of your past transactions (including any tax paid or tax withheld) and/or shipments (including any permits obtained or duties paid) Information about any requirements relating to White Cube’s obligation to make reasonable adjustments to accommodate a disability or otherwise meet your specific needs Any information relating to a dispute or legal proceedings |
Compliance with a legal obligation |
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To photograph and film White Cube’s exhibitions and artist performances
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Images and footage of you |
Legitimate Interests |
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To keep you, our staff, and artworks on our premises secure |
CCTV images |
Legitimate Interests |
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To provide you with details about White Cube, its upcoming exhibitions, other events or works that may interest you |
Name, title, and contact details (including email address, postal address, telephone numbers) Artistic data such as information about artistic preferences and collections; Your marketing and |
Legitimate Interests (for clients who have previously requested or received services) Consent (for clients who have not previously requested or received services but have asked online, at an event, or when talking to a member of staff, to receive information from White Cube) |
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To create and maintain records on artworks to assist with checks on authenticity, provenance and title and to prevent fraud, theft or other unlawful activities |
Information about your interest in, possession of, or ownership (historic or current) of any relevant artwork Allegations of fraud, theft or other unlawful activities relating to an artwork connected to you Communications with the police, courts, regulators or other government or law enforcement authorities in relation to you or your artwork
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Legitimate Interests Compliance with a legal obligation Public interest |
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To collect and recover money owed to us
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Name, title, and contact details (including email address, postal address, telephone numbers) Details of the property to which the debt relates Financial data
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Legitimate Interests (in recovering debts due to us) and performance of a contract
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To monitor your use of our services, train our staff and improve your client experience and to manage and develop our relationship with you
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Name, title, and contact details (including email address, postal address, telephone numbers) Your expressions of interest in artists and artworks Offers of artworks made and your responses Details of purchases you have made Information relevant to your opinions and preferences and your collecting habits, which may inform what works to offer to you
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Legitimate Interests. As a business, we have a legitimate interest in holding information about clients as relationships often develop over many years and your experience with us is improved if we retain records which help us to understand you and your preferences, including how those may have developed over time. |
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To host and entertain you at our events |
Name, title, and contact details (including email address, postal address, telephone numbers) Information about those you wish to accompany you to White Cube events Any dietary requirements (allowing us to ensure that our events are tailored to your needs ) Any details which require us to make specific arrangements for your comfort and enjoyment of our events Your personal preferences Your expressions of interest in artists and artworks Any offers of artworks made and your responses Details of purchases you have made Records of invites issued to you and details of your attendance at other events
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Legitimate Interests. As a business, we have a legitimate interest in holding information about clients to ensure that you have the very best experience possible at our events. |
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To arrange your attendance at external events, such as art fairs and events which we host / co host |
Name, title, and contact details (including email address, postal address, telephone numbers) Information about those you wish to accompany you Any dietary requirements |
Legitimate Interests (where you have indicated that you wish to attend an external event, such as an art fair, we have a legitimate interest in sharing your name and contact details with the organiser of that event)
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To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting) |
Information about your computer and your usage of our website
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Legitimate Interests (in running our business, provision and administration of IT services, network security) |
4. WHO SEES YOUR PERSONAL INFORMATION?
Within the White Cube Group
Your personal data will be processed by the company within the White Cube group that initially receives it, and may also be transferred to and processed by other companies within the White Cube group. White Cube uses EU Commission approved standard contractual clauses to regulate the transfer and processing of data between group companies.
Outside the White Cube Group
We do not transfer your personal data to organisations who wish to use it for their own marketing promotions or other purposes.
We will transfer your personal data to other organisations where it is necessary to enable us to provide you with the services you have requested. For example, we may transfer your data to our bank, payment card acquirers, shippers, warehouses, insurers, experts who help us with artworks (such as conservators), photographers, IT consultants and IT systems and cloud storage providers, online viewing platform and virtual exhibition providers, professional advisers, regulatory bodies, event venues, including art fairs (where you wish to have a pass), and caterers and direct marketing fulfilment and distribution. Where we do so it will be on the basis that these organisations are required to keep the information confidential and secure, and they will only use the information to carry out the instructed services. Some of these organisations may be located outside the EEA and you should refer to the section “Is your personal information transferred out of the EEA?” for more information.
We may also need to keep and disclose certain information about you to appropriate agencies to conduct anti-money laundering and trade sanction checks and to assist with fraud and crime prevention and detection.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow third parties to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
In the case of clients, we may share a copy of your invoice for a particular artwork with the artist who made it for their provenance records.
Our online viewing rooms and virtual exhibitions are hosted by Artlogic. Artlogic provides us with a platform that allows people to view artworks and content relating to art and our artists online. Any personal data that you provide when accessing our viewing rooms and virtual exhibitions will be shared with, and processed by, Artlogic only for the purpose of providing the instructed services (and not for their own purposes).
5. IS YOUR PERSONAL INFORMATION TRANSFERRED OUT OF THE EEA?
In the course of our normal business, White Cube may transfer your personal data outside of the EEA to White Cube offices and representatives and to other organisations who need to process your data in connection with the services that White Cube provides to you (see the section “Who sees your personal information?”).
Non-EEA countries offer varying standards for the protection of personal data and your privacy rights and in some cases these standards are lower than equivalent EEA standards. When we send your personal data outside the EEA, we seek to put in place the EU Commission-approved standard contractual clauses in the form of an appropriate data transfer agreement. If you have any questions or would like further information about how we make personal data available to non-EEA countries please contact us.
6. HOW LONG WILL WE KEEP YOUR PERSONAL DATA?
We will retain your personal data for as long as we consider necessary to provide the relevant services and to maintain business records for tax, legal and regulatory reasons.
In the context of our research and records relating to sales and ownership of artworks to assist with checks on authenticity, provenance and title, we will keep this data for as long as the record is relevant to our legitimate business interest and the public interest.
We keep an archive, which documents artists, their practices, exhibitions and events over a number of years. All information stored in the archive is kept securely. Information in the archive is held by White Cube indefinitely consistent with our legitimate interest in documenting the careers of artists represented by White Cube.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
7. WHAT STEPS DO WE TAKE TO KEEP YOUR PERSONAL DATA SECURE?
We use appropriate technical and organisational measures to protect the security and integrity of your personal information.
Although we have in place modern security systems and procedures, we cannot guarantee the complete security of personal data held in our systems, nor that that information you supply through the internet or any computer network is entirely safe from unauthorised intrusion, access or manipulation during transmission. Any transmission is at your own risk and we will not be liable for any resulting misuse of your personal data.
White Cube’s emails and websites may contain links to third party websites not operated by us. Those third party websites may collect and share personal information about you in accordance with their own privacy practices. White Cube cannot accept any responsibility for the privacy practices or content of those websites. We encourage you to read the privacy notice of every website you visit
8. YOUR LEGAL RIGHTS
We aim to be as transparent as we can be about the data that we process and encourage you to ask us if you have questions about the data we hold on you.
Your rights
If you are a resident of the EU, you have the legal right to request access to your data (commonly known as a “subject access request”). If you exercise this right and we process personal data about you, we are required to provide you with a description and copy of that personal data, and to tell you why we are processing it.
As well as your subject access right, you may have the right to have your personal data rectified or deleted, to object to its processing or have its processing restricted. You may also request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a commonly used, machine-readable format.
You may withdraw consent at any time where we are relying on consent to process your personal data.
Please contact us at dataprivacy@whitecube.com if you would like to exercise any of the rights set out above in relation to your personal data.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
Should you want to exercise your right to access your personal data (or to exercise any of your other rights) we may need to request specific information from you to help us confirm your identity. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
9. CONTACT INFORMATION AND COMPLAINTS
If you have a query or complaint in relation to White Cube’s processing of your personal data, please contact us at dataprivacy@whitecube.com. You may raise a complaint with the UK Information Commissioner (https://ico.org.uk/) or your local regulator if you consider that we have infringed applicable data privacy laws when processing your personal data. However, we would appreciate the chance to deal with your concerns before you approach the ICO or your local regulator, so please contact us in the first instance.
10. GLOSSARY
Compliance with a legal obligation - processing is necessary to ensure we comply with our legal and regulatory obligations.
Consent – you have given specific consent to the processing of your personal data.
Data Controller – the person who determines the purposes and means of processing personal data.
EEA – the European Economic Area which comprises countries that are members of the European Union and Norway, Iceland and Liechtenstein.
Legitimate Interests - processing is necessary for our legitimate interests in carrying on, managing and administering our business effectively and properly and giving our clients the best service possible. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of a contract – processing is necessary to carry out our contractual duties, exercise our contractual rights or otherwise perform our contract with you, or to take steps at your request to enter a contract.
Personal Data - any data relating to an identified or identifiable natural person.
Processing - any operation performed on personal data, such as collection, recording, storage, retrieval, use, combining it with other data, transmission, disclosure or deletion.
Public Interest – processing is necessary for the performance of a task carried out in the public interest.