Privacy Policy

Last updated Monday May 23^rd 2023

We, Hauser & Wirth AG, Limmatstrasse 270, 8005 Zürich, Switzerland (“Hauser & Wirth”, “we”, “us” or “our”), are committed to protecting your privacy and we have created this privacy policy (“Privacy Policy”) to let you know what to expect when you interact with us on the hauserwirth.com website (the “Website”), over the phone, in our gallery spaces, via email or otherwise (collectively “Services”).

Introduction

It goes without saying that we’d never do anything untoward with your personal data (“personal information”).

This privacy policy tells you what we do with your information, what rights you have with regards to it, and anything else we think you should know.

1) About Us

Hauser & Wirth AG is a global art dealership and gallery business with a Head Office in Switzerland. Our company registration is CHE-107.362.077. Our registered office is Limmatstrasse 270, 8005 Zürich, Switzerland. The Privacy Statement applies to personal data collected and processed by Hauser & Wirth AG. When we refer to “we”, “us” or “our” in this Statement we mean Hauser & Wirth AG. Hauser & Wirth will function as the “controller” within the meaning of Article 4 number 7 of Regulation (EU) 2016/679, also known as the “General Data Protection Regulation” (“GDPR”).  Hauser & Wirth, as a data controller, is committed to protecting your privacy and we have created this privacy policy (“Privacy Policy”) to let you know what to expect when you interact with us on the hauserwirth.com website, use our services or order products.  We operate a network of galleries in UK, Europe, USA and South-East Asia where visitors are able to view and purchase artworks.  Hauser & Wirth provide direct services to clients to assist with the buying and selling of works of art. Hauser & Wirth provides online retail services to support the gallery businesses with the sale of books, prints and other materials related to art.

2) The types of personal data we collect

The personal data we routinely collect includes:

• Full name

• IP address and device identifier

• Email address

• Postal address

• Contact details

• We do not collect any special categories of personal data, as defined under the GDPR. However, we collect and retain the necessary data to carry out an AML (Anti-Money Laundering) check on buyers. KYC (Know You Client) records are kept for a minimum of five (5) years after the date of the last transaction or the end of the client relationship. Data collected will include:

• Passport 

• Drivers License 

• ID Cards 

•  Utility Bills

• Our products and services are not aimed at children – we do not knowingly collect children’s information

3) How we collect your personal data 

We collect personal data in the following ways: 

• When you provide your contact details to us when requesting information about our artwork sales either via the telephone, our online enquiry forms or face-to-face 

• When you complete the purchase of an artwork

• When you ask use to add you to a marketing mailing list in a gallery

• When you sign up to attend a gallery event or dinner

• When you complete a transaction via our e-commerce sites

• When you sign up as a subscriber to our newsletter emails

• When you register to attend one of our events or webinars

• Via openly available public sources (e.g. LinkedIn or company websites)

4) How we use your personal data 

Depending on how you use our galleries and website and the permission you have given us, we process your personal data for the following purposes. The legal basis for this processing of the Personal Data concerning you is Article 6 of the GDPR: 

5) Who will we share data with? 

We will share your personal data with third parties in the following circumstances: With our suppliers and service providers working for us such as logistics providers, payment providers, email service providers, communications providers, wi-fi service providers With our professional and legal advisers With third parties engaged in fraud protection and detection With government authorities and/or law enforcement officials if required for the purposes above, if mandated by law or if required for the legal protection of our own legitimate interests in compliance with applicable laws; and In the event that we sell any business assets, purchasers or prospective purchasers of all or part of our assets or our business, and their professional advisers, in connection with the purchase. Otherwise, where we have your consent or are otherwise legally permitted to do so.  

6) What cookies will be used on the website?

Like other websites, information and data on the Hauser & Wirth website may be automatically collected through cookies and similar technologies.  Cookies are small files placed on website users’ hard drive to distinguish you from other users of the website. This helps us to provide you with a high-quality experience when you browse the website and also allows us to improve the website.  We use cookies to analyse the flow of information; customise the services and content; measure promotional effectiveness; and promote trust and safety. You can review our Cookie Policy.

7) Where we store your personal data 

Our servers are kept in Switzerland and the US WEST regions of the Microsoft Cloud Services however Hauser & Wirth uses service providers around the world.  Consequently, your personal data may be processed in countries outside Europe (the "EEA") (i.e. all 27 EU Member States plus Iceland, Liechtenstein and Norway), UK and Switzerland including in countries where the local laws do not provide the same level of data protection as those in Europe. In particular, we have offices and suppliers based in USA.  Where this is the case, and where the transfer is to a country or territory that is not subject to an adequacy decision by the EU Commission, personal data is adequately protected by EU Commission-approved standard contractual clauses (which have been implemented pursuant to Article 42 (2) of the GDPR). If you have any questions about the standard contractual clauses, or would like to obtain a copy of them, please email us via the contact details given below.  

8) How long we store your personal data for

We will maintain records for invoicing, tax and warranty purposes. In these instances, we will retain data for 10 years or the relevant period required by any other territory’s tax laws.  

Where we process personal data for an artwork transaction, we may keep the information relating to the provenance of that artwork as well as to maintain records to comply with Anti-Money Laundering regulations (AML).  Where we process personal data for marketing purposes or where you have given your consent, we process the data until you ask us to stop for a short period after this (to allow us to implement your requests), or for up to 24 months at which point we will contact you to check you still want to hear from us.  We also keep a record of your email address if you have unsubscribed, or you have asked us not to send you direct marketing, so that you do not receive marketing emails in future. Where we process personal data for any other purpose, including when you make a complaint, provide feedback or buy a voucher, we retain the data for as long as is necessary to fulfil and manage your request. After that your data may be anonymised (personal data is deleted). The anonymised data may be used to provide management information and historical analysis. We will also maintain records for invoicing, tax and warranty purposes. We may keep a record of correspondence relating to queries and complaints for as long as necessary to protect us from legal claim.  Where we no longer have a need to keep your information, we will delete it.

9) How we keep your personal data secure

Hauser & Wirth take the protection of your personal data very seriously and we take appropriate steps to ensure your personal data is stored in a secure environment to prevent any unauthorised access.  In the course of visits to our website, we employ widely-used SSL process in conjunction with the respectively highest level of encryption supported by your browser In all other respects, we take appropriate technical and organisational security measures in order to protect your data against manipulation, loss, destruction and unauthorised access by third parties. Our security measures are kept consistently up-to-date based on the latest state of the technology art.  We may use external data service providers to process personal data on our behalf. When we do so we have appropriate agreements in place to protect the data. Any data transfers between external service providers and us are conducted by secure means.  Where such service providers are located outside the UK, we endeavour to make sure, when required, that additional safeguard mechanisms (such as Standard Contractual Clauses) are in place.  

10) External Links

Please remember that if you use a link to go from our websites to another website, or you request a service from a third party, this Privacy Statement will no longer apply once you have left this website. Your browsing and interaction on any other website is subject to that website’s own rules and policies. 

11) What rights do you have regarding personal information?

In accordance with Article 15 of the GDPR, you are entitled to obtain access at any time to any Personal Data of yours that are being stored by us. In particular, you are entitled to ask: 

• For a copy of your personal data;  

• To correct your personal data (if it is inaccurate, incomplete or not up-to-date);  

• To 'port' your personal data (i.e. to transfer in a structured, commonly used and machine-readable format, to you or another data controller); 

• To erase your personal data; or 

• Restrict its processing (i.e. processing will temporarily stop (save to the extent that personal data will continue to be stored)). 

You also have rights to object to some processing that is based on our legitimate interests, and to processing for direct marketing purposes. Further, where we have asked for your consent to process your data, you are entitled to withdraw this consent as more fully described above.  These rights are limited in some situations – for example, where we can demonstrate that we have a legal requirement to process your personal data. In some instances, this may mean that we are able to retain data even if you withdraw your consent.  Where we require your personal data to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship with you, or to meet obligations placed on us.  If you have unresolved concerns, you are entitled to contact the Office of the Federal Data Protection and Information Commissioner (FDPIC).

12) Complaints 

If you are concerned about the manner in which we have collected and used your personal data, please contact us and we’ll do our best to help. If you’re unhappy with the way in which we have handled your personal data you have the right to contact:
Office of the Federal Data Protection and Information Commissioner FDPIC 
Feldeggweg 1
CH - 3003 Berne
Telephone: +41 (0)58 462 43 95 (mon.-fri., 10-12 am) 

13) Updates to this Statement

We review and update this Statement regularly to take account of changes to our processing and regulatory changes. We encourage you to review it from time to time. If we make any significant changes to this Statement, we will endeavour to communicate this to you where possible.

14) Your contact for data protection matters

If you have any questions regarding how your data is collected and processed or would like to exercise any of these rights, please use the following contact details: Email: privacy@hauserwirth.com 
Address: Limmatstrasse 270, 8005 Zürich, Switzerland

Privacy Addendum for California Residents

Effective date: May 23^rd 2023

This Privacy Addendum for California Residents (“Addendum”) supplements the information contained in the Privacy Policy and applies solely to individuals who reside in the State of California (“consumers” or “you”). We adopt this Addendum to comply with the California Consumer Privacy Act of 2018, as amended (CCPA), and any terms defined in the CCPA have the same meaning when used in this Addendum. 

Information We Collect We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“Personal Information”). Personal information does not include. 

• publicly available information from government records; 

• Deidentified or aggregated consumer information; or 

• Information excluded from the CCPA’s scope, like:  

• health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data 

• personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994. 

We obtain the categories of personal information listed above from the following categories of sources: 

• Directly from you (for example, from forms you complete or products and services you purchase); and 

• Indirectly from you (for example, from observing your actions on our Website). 

Use of Personal Information We may use, sell, or disclose the personal information we collect for one or more of the following purposes: 

• To fulfil or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns; 

• To provide, support, personalize, and develop our products, and services; 

• To process your requests, purchases, transactions, and payments and prevent transactional fraud; 

• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses; 

• To personalize your Website experience; 

• To help maintain the safety, security, and integrity of our products and services, databases and other technology assets, and business; 

• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services; 

• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; 

• As described to you when collecting your personal information or as otherwise set forth in the CCPA; or 

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Sharing Personal Information We may disclose your personal information to a third party for a business purpose or sell your personal information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights section below). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales. We share your personal information with the following categories of third parties: 

• Service providers (such as marketing providers, IT-service providers, suppliers, subcontractors, and payment service providers); 

• Affiliated Companies; 

• Analytics Providers; and 

• Social Networks. 

Disclosures of Personal Information for a Business Purpose In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose: 

• Category A: Identifiers; 

• Category B: California Customer Records personal information categories; 

• Category D: Commercial information; 

• Category F: Internet or other similar network activity; and 

• Category G: Geolocation data. 

We disclose your personal information for a business purpose to the following categories of third parties: 

• Service providers (including marketing providers, IT-service providers, suppliers, subcontractors, and payment service providers); 

• Affiliated Companies; 

• Analytics Providers; and 

• Social Networks. 

Sales of Personal Information In the preceding twelve (12) months, we have sold (shared) the following categories of personal information with Analytics Providers: 

• Category A: Identifiers; 

• Category D: Commercial information; 

• Category F: Internet or other similar network activity; and 

• Category G: Geolocation data. 

Your Rights and Choices The CCPA provides consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. Access to Specific Information and Data Portability Rights You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see the Exercising Access, Data Portability, and Deletion Rights section below), we will disclose to you: 

• The categories of personal information we collected about you; 

• The categories of sources for the personal information we collected about you; 

• Our business or commercial purpose for collecting or selling that personal information; 

• The categories of third parties with whom we share that personal information; 

• The specific pieces of personal information we collected about you (also called a data portability request); and 

• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: 

• Sales, identifying the personal information categories that each category of recipient purchased; and 

• Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained. 

Deletion Request Rights 

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see the Exercising Access, Data Portability, and Deletion Rights section below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. 

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: 

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you; 

2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; 

3. Debug products to identify and repair errors that impair existing intended functionality; 

4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law; 

5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.); 

6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent; 

7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; 

8. Comply with a legal obligation; or 

9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it. 
Exercising Access, Data Portability, and Deletion Rights 

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by contacting us: 

Email: privacy@hauserwirth.com 
Address: Limmatstrasse 270, 8005 Zürich, Switzerland 

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. 

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. 

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. 

Making a verifiable consumer request does not require you to create an account with us. 

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. 

For instructions on exercising sale opt-out rights, see the Personal Information Sales Opt-Out and Opt-In Rights section below. 

Response Timing and Format We endeavour to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Personal Information Sales We do not sell your personal information at any time. Non-Discrimination We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: 

• Deny you goods or services; 

• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; 

• Provide you a different level or quality of goods or services; or 

• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. 

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We do not currently provide any financial incentives. Changes to Our Privacy Addendum We reserve the right to amend this Addendum at our discretion and at any time. When we make changes to this Addendum, we will post the updated Addendum on the Website and update the Addendum’s effective date. Your continued use of our services following the posting of changes constitutes your acceptance of such changes. Contact Information If you have any questions or comments about this Addendum, the ways in which Hauser & Wirth AG collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email: privacy@hauserwirth.com 
Address: Limmatstrasse 270, 8005 Zürich, Switzerland