Effective May 25, 2018
This policy covers information that you give us when you bid or purchase something from us or consign stamps or other goods to us, register for or attend any of our live events around the world, visit or register for any of our branded websites, request a catalog, sign up for any of our print or online publications or newsletters or publish information on our pages on social media platforms. We will publish a link to this policy at the bottom of online properties to which it applies and as often as possible, will include its URL on paper forms to which it is applicable.
How Kelleher Will 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), contact details (e.g., phone number, email address, postal address), transaction information (e.g., bidding records, shipping details, information about items you purchase or wish to consign), limited financial information (e.g., summarized payment information in connection with your purchases, wire instructions), information you may provide concerning your collecting interests, 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.
Information We Collect From Other Sources
We may add public information about you from external sources. The categories of info we collect about you from other sources are your public profile information, and professional 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 and certain live events.
Information We Collect Automatically
We may use common data collection technologies as you visit our websites or interact with our emails:
- Our logs gather date and time information about your visit to our web sites when you bid in our auctions.
Information That We Do Not Collect Or Store
Kelleher does not store client credit card information. We have a link on our web site to a secure credit card processing portal. That portal allows you to enter your credit card information in order to pay invoices that you may owe to us. Your credit card information never reaches us and is not stored by us. Rather it is passed directly to the credit card processor via a secure transmission method using advanced encryption technologies. Please do not send us your credit card information directly, even in emails.
How Kelleher Uses Information About You
Kelleher uses data about you for the following purposes:
- To manage and assure the integrity of our auctions.
- To fulfill your orders, 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 our website and services.
- To match online ads to your interests, arrange for Kelleher'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 Kelleher May Disclose Information That Identifies You
Kelleher 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 and digital marketing management.
- To our online auction partners.
- To consignors and others as needed to facilitate a consignment.
- To organizations with whom we partner 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 anti-money laundering laws, or customs/import 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.
- Whether your account is up to date. Before we are able to provide you with any information, correct any inaccuracies, or delete any information about your account, 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
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. In particular, you remain responsible for protecting the security of information you transmit to us over the Internet, other than credit card information passed via our secure online payment portal (see below).
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 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. They are not directed to children, particularly under those under the age of eighteen. We do not accept them as clients or knowingly collect data about them.
Our websites may contain links to other websites not owned or controlled by Kelleher. Those websites may collect information about you. Kelleher is not responsible for their practices or content.
How To Contact Us
Daniel F. Kelleher Auctions, LLC
22 Shelter Rock Lane, Unit 53
Danbury, CT 06810, USA
Additional Information for EEA Customers and Visitors to Kelleher's Sites
In order to meet privacy regulations in the European Economic Area ("EEA") and Switzerland, Kelleher provides additional information to its EEA based customers and website visitors.
Who is responsible for your data?
If you visit Kelleher's website, or participate in a Kelleher auction, then the data controller will be Daniel F. Kelleher Auctions LLC, a US entity, and this policy contains our contact details.
What is the legal basis on which Kelleher relies to process your data?
On some occasions, Kelleher processes your data with your consent (e.g., when you agree that we may place cookies, or if you ask Kelleher to send you information about upcoming events).
On other occasions, Kelleher 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).
Kelleher also processes 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, Kelleher has a legitimate interest in ensuring the security and integrity of our auctions, 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 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.
Kelleher may transfer personal data to countries outside the EEA, including countries which have different data protection standards than those which apply in the EEA.
You may ask Kelleher 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 at the details above. 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).