This policy applies to information held about clients and prospective clients, suppliers and prospective suppliers, artists, contacts and all other persons about whom THK Gallery holds information. By ‘information,’ we mean personal information about you that we collect, use, share and store.
In this policy, “we,” “us,” and “our” means THK Gallery (Pty) Ltd, a company registered in South Africa at 52 Waterkant Street, Cape Town, 8001, and “you” means the individual to whom the information relates.
We are the data controller and responsible for your personal data.
What we collect
- your name;
- your contact information such as your address, email address and telephone number;
- your payment details / financial data i.e. your bank name, account number and sort code;
- when browsing our site, your IP address, your browser type and language;
- information related to your attendance of, and interest in, THK Gallery events and art fairs;
- information about you that you give us in person at our events and art fairs, by filling in forms on our site www.thkgallery.com (our site) or by corresponding with us by phone, e-mail or otherwise; and
- information in relation to your purchase of our art work or use of our services.
How we collect information about you
- collecting information you give to us when you purchase any art work or visit us at each art fair;
- your use of the forms on our website; and
- Visitor’s books.
What we do with the information we gather
We use your information to:
- provide information about our art work and services to you;
- keep you informed about art work, artists and events that we think you may find interesting;
- carry out our obligations arising from any agreements entered into between you and us;
- communicate with you;
- administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- keep our site safe and secure;
- comply with legal and regulatory obligations; and
- for security and to check your identity
Legal basis for processing
Our processing of your personal information is necessary:
- for the performance of contracts to which you will be a party to and in order to take steps at your request prior to you entering into those contracts (this is in relation to your name and contact details, payment details and information relating to your purchase);
- for the purposes of legitimate interests pursued by us (this is in relation to your name and contact information, IP address, your use of forms on our website or giving us information at events and in visitor’s books), where those legitimate interests my relate to customer service and satisfaction, product/service development, managing our business, service analysis and system administration – as further described below); or
- in order to comply with a legal obligation to which we are subject for example in connection with financial records.
In relation to any processing of special categories of personal data, we will generally rely on obtaining specific consent from you at the time unless there is otherwise a legal requirement for us to process such information.
Where our processing is based on the legitimate interest grounds described above, those legitimate interests are: (i) collecting personal information to provide you with a smooth and efficient client experience; (ii) to make sure you receive updated information on THK Gallery's business activities; (iii) to provide the services you have requested; and (iv) for our own marketing and research.
Sharing your information
Except as expressly set out in this policy we will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
The personal information you provide to us may be shared with third party companies, agents, contractors, service providers or affiliated companies for the purposes of, for example, website support, cloud based data base and payment processors if this is necessary to provide you with our art work or services, respond to your inquiries or for any of the purposes described in this policy.
We may also share your personal information with:
- law enforcement agencies, other governmental agencies or third parties if we are required by law to do so; and
- other business entities should we plan to merge with or be acquired by that business entity, or if we undergo a re-organisation with that entity.
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 our third-party service providers 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.
If you require further information on the parties we may share your data with, please contact us using the contact details below.
Transferring Your Information outside SA
Your personal information may be transferred to a destination outside South Africa as they may be processed by staff operating outside SA who work for us, or for one of our service providers.
When we, or our permitted third parties, transfer your information outside South Africa, we or they will impose obligations on the recipients of that data to protect your information to the standard required in South Africa or otherwise require the recipient to subscribe to international frameworks intended to enable secure data sharing, for example standard contractual clauses. In the case of transfers by us, we may also transfer your information where: (i) the transfer is to a country deemed to provide adequate protection of your information by the SA government; or (ii) where you have consented to the transfer.
At any time, you have the right:
- to request access to or a copy of any personal data which we hold about you;
- to rectification of your personal data, if you consider that the information we are holding is inaccurate;
- to ask us to delete your personal data, if you consider that we do not have the right to hold it;
- to withdraw consent to our processing of your personal data (to the extent such processing is based on previously obtained consent); to ask us to stop or start sending you marketing messages as described below in the marketing section;
- to restrict processing of your personal data, if the personal data we hold is inaccurate, the processing is unlawful or we no longer need it;
- to data portability (moving some of your personal data elsewhere) in certain circumstances and
- to object to your personal data being processed in certain circumstances; and
Any request from you for access to or a copy of your personal data must be in writing and we will endeavour to respond within a reasonable period and in any event within one month in compliance with data protection legislation. We will comply with our legal obligations as regards your rights as a data subject. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). 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.
We aim to ensure that the information we hold about you is accurate at all times. To assist us in ensuring that your information is up to date, do let us know if any of your personal details change at the following email address email@example.com
Where you are one of our clients or have otherwise agreed to be contacted for marketing we may use your personal information to send you information by email about THK Gallery events, art fairs and works of art. You can unsubscribe from receiving them at any time, details of how to unsubscribe will be included on each electronic mailing we send you.
You also have the option of "unsubscribing" from our mailing list at any time thereby disabling any further such e-mail or other communication from being sent to you by emailing firstname.lastname@example.org
We will action any opt out request from you without delay.
How long will we keep your information?
We will only keep the information we collect about you for as long as required for the purposes set out above or as required to comply with any legal obligations to which we are subject. This will involve us periodically reviewing our files to check that information is accurate, up-to-date and still required. We will keep contract and financial information for a minimum of 7 years.
Where we are permitted to send you direct marketing communications we may retain your contact information necessary for this purpose, for as long as you do not unsubscribe from receiving the same from us. If you opt out from marketing, we will retain your information to enable us to respect your wishes to not be contacted for marketing purposes.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures and a security protocol to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Links to Other Sites
Certain features of our site will allow for social networking. You should ensure when using these features that you do not submit any personal data that you do not want to be sent, collected or used by other users, such as profile details or e-mail address.
Questions, comments and requests regarding this policy are welcomed and should be addressed to email@example.com
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Changes to this policy
Any changes we make to our policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our policy.
THK GALLERY (PTY) LTD
52 Waterkant Street
Cape Town, South Africa
Tel: +27 (0) 87 470 0178
OWNER & DIRECTOR: Frank Schönau
DIRECTOR: Linda Pyke
This privacy notice was last updated on 02 February 2022.