Data Protection Policy according to the General Data Protection Regulation (GDPR)

A. Company Website

Translation: The original wording in German shall be decisive in the case of a dispute.

1. Information to the data processing

Data protection is very important for accurART Kunstversicherungsmakler (Europe) AG („accurART Europe“). The processing of personal data takes place in compliance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).

This Data Protection Policy applies to the use of our online offer www.accurart-ib.ch; www.accurart-ib.li und www.accurart-ib.com (“Company Website”).

The processing of data refers in particular to the collection, storage, use and transmission of personal data. Personal data is any information relating to an identified or identifiable natural person. Examples are name, address, occupation, marital status, bank details, communication data or policy number

„Special categories” of personal data are health data, data on religion, trade union, party membership, racial and ethnic origin, sex life and sexual orientation and genetic and biometric data. These “Special categories” of personal data will not be processed by us!

2. Purpose

accurART Europe processes personal data in connection with the use of the Company Website solely to answer your inquiries, to improve our Company Website or to communicate with you.

3. Legal basis of processing

Insofar as we obtain the consent of the data subject for processing of personal data, Article 6 paragraph 1 lit. a DSGVO as legal basis.

Insofar as processing of personal data is required to fulfill a legal obligation to which our company is subject, article 6 (1) lit. c GDPR is the legal basis.

In the event that vital interests of the data subject of any other natural person require the processing of personal data, Article 6 (1) lit. d GDPR is the legal basis.

If processing is necessary to safeguard the legitimate interests of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not prevail over the first interest, then Article 6 (1) lit. f GDPR is the legal basis for processing. The legitimate interest of our company lies in the execution of our business activities.

4. Responsible and Data Protection Office

Responsible for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR is accurArt Kunstversicherungsmakler (Europe) AG, Gewerbeweg 15, 9490 Vaduz, Liechtenstein.

You may reach us by post, by email at info@accurart-ib.li or by phone under +423 230 31 40.

If you wish to object to the collection, processing or use of your data by us in accordance with this Data Protection Policy as a whole or for individual measures, please address your objection directly to the responsible person. You can save or print this Data Protection Policy at any time.

You may reach our data protection officer directly at datenschutzbeauftragter@accurart-ib.li.

5. Affected rights

Right to Information

We are happy to provide you with information about the data stored about you. You shall have the right to request information from us at any time as to which personal data we process. In this case, you are entitled to be informed according to Article 15 (1) GDPR. You also have the right to request information about whether your personal information relates to a third country or an international organization. In this connection, you may request to be informed of the appropriate guarantees under Article 46 GDPR in connection with the transfer.

Rights to reports and completion

You shall have the right to demand the correction of incorrect or the completion of incomplete personal data stored by us immediately according to Article 16 GDPR.

Right to erasure („right to be forgotten“)

You shall have the right to demand that we delete your personal data immediately. We are required to comply with this request and to delete your personal information, unless we are legally obliged or entitled to further process your data. For details, please refer to Article 17 GDPR.

Right of restriction of processing

You shall have the right to demand from us the restriction of processing, if the legal requirements under Article 18 GDPR are met.

Right to data portability

If you wish, we will provide you with your personal data we processed in a structured, common and machine-readable format.

If, in accordance with Article 19 GDPR, you have claimed your right to rectify delete or limit the processing of your personal data, we are obliged to notify all recipients to whom your personal data has been disclosed about this rectification, deletion or limitation, unless this proves impossible or involves disproportionate effort. You shall have the right to be informed about these recipients.

Right to object

You shall have the right, for reasons that arise from your particular situation, to object against the processing of your personal data, which have been processed pursuant to Article 6 paragraph 1 lit. e or f GDPR at any time. We will no longer process your personal information in this case, unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, pursuing or defending legal claims.

If we process your personal data in order to operate direct marketing, you have the right to opt out from this processing at any time. If you do so, your personal data will no longer be processed for these purposes.

Right to withdraw your data protection consent

You have the right to withdraw your data protection consent at any time. Your withdrawal does not affect the legality of the processing carried out on the basis of this Data Protection Policy before your revocation.

Automated decision-making, including profiling

We do not use automated individual decision making or profiling.

6. Right of complaint

You have the right to lodge a complaint with the Data Protection Controller at any time. The supervisory authority responsible for us is: Data Protection Office, Städtle 38, 9490 Vaduz, Liechtenstein

You may reach the Data Protection Office by post, by e-mail at info.dss@llv.li or by phone under +423 236 60 90.

7. Google Analytics

We do not use Google Analytics, the web analysis service of Google Inc.

8. Cookies

Cookies are information transmitted from our web server or third-party web servers to users’ web browsers and stored there for later retrieval. Cookies are small files or other types of information storage. Cookies are used for security purposes or to operate our corporate website (for example, for optimal presentation of the website on different devices) or to save your decision when confirming our cookie banner.

We use « session cookies » which are stored for the duration of the current visit on our website only and partially enable the use of our website in the first place. In a session cookie, a randomly generated unique identification number is stored, a so-called session ID. In addition, a cookie contains information about its origin and storage period. Session cookies are deleted when you finish using our website and close the browser at the latest.

If you do not want cookies to be stored on your computer, you can deactivate the corresponding option in the system settings of your browser. Cookies already saved on your computer, may be deleted in the system settings of your browser. Please note that the deactivation of cookies can lead to functional restrictions of our company website.

9. Data security

We make every effort to ensure the security of your data within the framework of applicable data protection laws and technical possibilities.

Anyways, data transfer in the internet (e.g. regarding the communication via e-mail) may have security gaps. A complete protection of data against the access of third parties will not be possible.

To safeguard your data, we maintain technical and organizational security measures in accordance with Article 32 GDPR, which we periodically adapt to the state of the art. The servers we use are regularly backed up carefully.

Vaduz, November 2018

B. Service as an insurance broker

Translation: The original wording in German shall be decisive in the case of a dispute.

1. Information to the data processing

Data protection is very important for accurART Kunstversicherungsmakler (Europe) AG („accurART Europe“). The processing of personal data takes place in compliance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).

This Data Protection Policy applies to the use of our services as a Fine Art Insurance Broker within the „Broker Letter of Record” concluded between you and accurART Europe as well as to our services for information and offers.

The processing of data refers in particular to the collection, storage, use and transmission of personal data. Personal data is any information relating to an identified or identifiable natural person. Examples are name, address, occupation, marital status, bank details, communication data or policy number

„Special categories” of personal data are health data, data on religion, trade union, party membership, racial and ethnic origin, sex life and sexual orientation and genetic and biometric data. These “Special categories” of personal data will not be processed by us!

2. Purpose

Our services require data processing. We process personal data for the purpose of carrying out the brokerage contract and all preceding services (re-contractual services) as well as for the purpose of servicing your insurance contracts.

The necessity and scope of data processing depend on the nature of the insurance contracts, offered and concluded by us.

We share your information with third parties, such as insurers with whom we cooperate as part of our insurance brokerage activities. (see below Cypher 5, with further references to the Data Protection Policies of the recipients of your personal data).

3. Legal basis of processing

Insofar as we obtain the consent of the data subject for processing of personal data, Article 6 paragraph 1 lit. a DSGVO as legal basis.

If the processing of personal data is required to fulfil a contract of which the data subject is a party, Article 6 (1) lit. b GDPR is the legal basis. This also applies to processing, required to carry out pre-contractual measures.

Insofar as processing of personal data is required to fulfill a legal obligation to which our company is subject, article 6 (1) lit. c GDPR is the legal basis.

In the event that vital interests of the data subject of any other natural person require the processing of personal data, Article 6 (1) lit. d GDPR is the legal basis.

If processing is necessary to safeguard the legitimate interests of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not prevail over the first interest, then Article 6 (1) lit. f GDPR is the legal basis for processing. The legitimate interest of our company lies in the execution of our business activities.

4. Responsible and Data Protection Office

Responsible for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR is accurArt Kunstversicherungsmakler (Europe) AG, Gewerbeweg 15, 9490 Vaduz, Liechtenstein.

You may reach us by post, by email at info@accurart-ib.li or by phone under +423 230 31 40.

If you wish to object to the collection, processing or use of your data by us in accordance with this Data Protection Policy as a whole or for individual measures, please address your objection directly to the responsible person. You can save or print this Data Protection Policy at any time.

You may reach our data protection officer directly at datenschutzbeauftragter@accurart-ib.li.

5. Cooperation with other bodies in the transmission and reception of data

In the context of requests for quotations, tenders, cover requests, the conclusion of contracts, contract management and processing of claims and losses etc. it may be necessary to transfer your data to other bodies or to receive data from them. These are in particular insurers and reinsurers.

Your data will only be disclosed to the extent necessary for the purpose of the processing. The data forwarded by us comes exclusively from the stock of the contract data of accurART Europe and is not publicly accessible.

Within the scope of our services as a Fine Art Insurance Broker, we exchange data with the following insurers, whose Data Protection Policies are available under the following links:

Allianz SE

https://www.allianz.com/de_DE/datenschutzprinzipien.html

AXA ART Gruppe

https://www.axa-art.com/ch/de/privacy

AXA Art Schweiz

https://www.axa-art.com/ch/de/privacy

Basler Sachversicherung Germany

https://www.basler.de/hinweise/datenschutz.html

Basler Versicherung AG Switzerland

https://www.baloise.ch/de/ueber-uns/datenschutzbestimmungen.html

ERGO Group AG

https://www.ergo.de/de/Service/Datenschutz

Helvetia Schweiz und Liechtenstein

https://www.helvetia.com/ch/web/de/ueber-uns/services/kontakt/datenschutz.html

Liberty Specialty Markets Germany

https://www.libertyspecialtymarkets.com/privacy-cookies-germany/

Liberty Specialty Markets Switzerland

https://www.libertyspecialtymarkets.com/privacy-cookies-switzerland/

UNIQA Group

https://www.uniqa.at/versicherung/cms/rechtlich/Datenschutz.de.html

XL Catlin

https://axaxl.com/privacy-and-cookies

We also share data with processors for the purposes outlined under Cypher 2. above, to assist us in processing the data. We work exclusively with processors that provide sufficient guarantees that appropriate technical and organizational measures are in plave to make sure that data processing is carried out in accordance with the requirements of the GDPR and Privacy Protection is guaranteed.

Processing by a processor shall be governed by a contract that is binding on the processor with regard to the controller and that sets out the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller.

You may withdraw your consent to future data processing at any time form-free in whole or in part without giving any reasons. A revocation of consent may result in the Broker letter of Record being unable to be carried out or no longer being able to be carried out properly in accordance with its contractual provisions.

6. Period of data storage

We store your data for the duration of our contractual relationship. Therefore, your data will be only restricted for further use and will be available for the purposes outlined in Art. 17 and 18 (GDPR).

These purposes include, in particular, the observance of statutory retention periods as well as the assertion, exercise and defence of legal claims, for example, proof of due consultation.

Statutory periods of limitation are up to 30 years, statutory retention periods up to 10 years. Proof of due consultation is stored as long as claims may be asserted.

If your data is no longer needed for the above purposes and all retention periods have expired, they will be routinely blocked or deleted.

7. Affected rights

Right to Information

We are happy to provide you with information about the data stored about you. You shall have the right to request information from us at any time as to which personal data we process. In this case, you are entitled to be informed according to Article 15 (1) GDPR. You also have the right to request information about whether your personal information relates to a third country or an international organization. In this connection, you may request to be informed of the appropriate guarantees under Article 46 GDPR in connection with the transfer.

Rights to reports and completion

You shall have the right to demand the correction of incorrect or the completion of incomplete personal data stored by us immediately according to Article 16 GDPR.

Right to erasure („right to be forgotten“)

You shall have the right to demand that we delete your personal data immediately. We are required to comply with this request and to delete your personal information, unless we are legally obliged or entitled to further process your data. For details, please refer to Article 17 GDPR.

Right of restriction of processing

You shall have the right to demand from us the restriction of processing, if the legal requirements under Article 18 GDPR are met.

Right to data portability

If you wish, we will provide you with your personal data we processed in a structured, common and machine-readable format.

If, in accordance with Article 19 GDPR, you have claimed your right to rectify delete or limit the processing of your personal data, we are obliged to notify all recipients to whom your personal data has been disclosed about this rectification, deletion or limitation, unless this proves impossible or involves disproportionate effort. You shall have the right to be informed about these recipients.

Right to object

You shall have the right, for reasons that arise from your particular situation, to object against the processing of your personal data, which have been processed pursuant to Article 6 paragraph 1 lit. e or f GDPR at any time. We will no longer process your personal information in this case, unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, pursuing or defending legal claims.

If we process your personal data in order to operate direct marketing, you have the right to opt out from this processing at any time. If you do so, your personal data will no longer be processed for these purposes.

Right to withdraw your data protection consent

You have the right to withdraw your data protection consent at any time. Your withdrawal does not affect the legality of the processing carried out on the basis of this Data Protection Policy before your revocation.

Automated decision-making, including profiling

We do not use automated individual decision making or profiling.

8. Right of complaint

You have the right to lodge a complaint with the Data Protection Controller at any time. The supervisory authority responsible for us is: Data Protection Office, Städtle 38, 9490 Vaduz, Liechtenstein

You may reach the Data Protection Office by post, by e-mail at info.dss@llv.li or by phone under +423 236 60 90.

9. Data security

We make every effort to ensure the security of your data within the framework of applicable data protection laws and technical possibilities.

Anyways, data transfer in the internet (e.g. regarding the communication via e-mail) may have security gaps. A complete protection of data against the access of third parties will not bepossible

To safeguard your data, we maintain technical and organizational security measures in accordance with Article 32 GDPR, which we periodically adapt to the state of the art. The servers we use are regularly backed up carefully.

Vaduz, November 2018

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