
Privacy Policy
Terms & Conditions of Use
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY ACCESSING OR USING THE DIGITAL PLATFORMS (AS DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE (“TERMS OF USE”) (INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH HEREIN, PURSUANT TO WHICH YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (EXCEPT AS OTHERWISE PROVIDED HEREIN) AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION) and our Privacy Policy , AND YOU REPRESENT THAT (A) YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS WILL BE IN ACCORDANCE WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS, RULES AND REGULATIONS AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT. If you do not agree to these Terms of Use and the Privacy Policy , you may not access or otherwise use the Digital Platforms.
The following Terms of Use are entered into by and between you and Sotheby’s (“Sotheby’s” or “we” or “us” or “our” or other similar pronouns) and, together with any documents incorporated herein by reference, govern your access to and use of the Sotheby’s website at www.sothebys.com , and the websites for Sotheby’s Wine, Sotheby’s Diamonds, or any other Sotheby’s website on which this is posted (each, a “Sotheby’s Website”), whether accessed through the Sotheby’s website (desktop or mobile) and/or Sotheby’s applications for mobile and tablet devices (collectively, the “Digital Platforms”).
For the avoidance of doubt, your use of certain areas, services or features of the Digital Platforms may be subject to additional terms, which will be posted or otherwise made available to you in connection with such area or feature. By way of example, your purchase of non-auction products through the Sotheby’s Digital Platforms will be governed by the applicable Terms of Sale, and your participation in online auctions shall be governed by the Conditions of Sale applicable to the relevant auction. Sotheby’s consignments and purchases are governed by terms located at www.sothebys.com .
We may change these Terms of Use from time to time, at any time without notice to you, by posting such changes on the Sotheby’s Websites. It is your responsibility to periodically check the Terms of Use. You will know if these Terms of Use have been revised since your last visit to the Digital Platforms by referring to the “Last Modified” date at the bottom of this page. IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE DIGITAL PLATFORMS.
1. Electronic Communication. When you access or use the Digital Platforms, provide your e-mail address to a Sotheby’s representative, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Digital Platforms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
2. Proprietary Rights. As between you and Sotheby's, Sotheby's owns, solely and exclusively, all right, title and interest in and to the Digital Platforms and all elements thereof, including: all the content (including without limitation audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, Trademarks, etc.), software, code, data and materials used therein or available thereon; the look and feel, design and organization of the Digital Platforms; the compilation of the content, code, data and materials in the Digital Platforms; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution and subsequent modification) and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the foregoing. Your use of the Digital Platforms does not grant to you any right, title or interest in any element thereof, and Sotheby’s (or our applicable licensors, partners, or affiliates) owns and retains all right, title and interest (including all intellectual property and proprietary rights) therein and thereto.
3. Limited License. Subject to the restrictions and limitations set forth in these Terms of Use, we grant you a limited license to access and use the Digital Platforms for internal purposes of (a) accessing and viewing the content on the Digital Platforms on your computer or other Internet compatible device, including mobile devices and tablets, (b) making single copies or prints of the content on the Digital Platforms, and (c) placing bids or orders (as applicable) for products offered for auction or sale on the Digital Platforms. The Digital Platforms and the services offered on or through the Digital Platforms, including any content, software, code, data and materials thereon, are only for your own personal, non-commercial use. The Digital Platforms are not directed to children younger than 13 and are offered only to users 13 years of age or older.
4. Prohibited Use.
Any commercial distribution, publishing, use or exploitation of the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms), is strictly prohibited unless you have received the express prior written permission of Sotheby's or the applicable rights holder.
Other than as expressly permitted under these Terms of Use, you may not (i) download, publish, perform, display, distribute, copy, imitate, mirror, reproduce, post, transmit, modify, adapt, edit, create derivative works from, transfer, sell, license, rent or otherwise exploit or make commercial use of the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms) or (ii) translate, reverse engineer, decompile, decrypt, disassemble, or convert into human readable form the Digital Platforms or any element thereof (including any content, software, code, data or materials used in or available on the Digital Platforms) not intended to be so read (this includes using or directly viewing the underlying HTML or other code from the Digital Platforms except as interpreted and displayed in a web browser).
As a condition of your access to and use of the Digital Platforms, you agree that you will not use the Digital Platforms or any element thereof for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by these Terms of Use, or any other purpose not permitted under these Terms of Use. You agree to abide by all applicable local, state, national and international laws, regulations and rules and not to access or use the Digital Platforms from a jurisdiction where such access or use illegal or unauthorized. By way of example, and not limitation, you agree that while using the Digital Platforms and the various services and features offered on or through the Digital Platforms, you shall not:
(a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;
(b) reveal any personal information about another individual, including another person's name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
(c) insert your own or a third party's advertising, branding or other promotional content into any of the any services, content, functions, information, materials or products available through the Digital Platforms; use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or otherwise engage in unauthorized or unsolicited advertising or marketing;
(d) engage in data mining, spidering, "screen scraping," "database scraping," harvesting of catalogue information, e-mail addresses, IP addresses or other contact or personal information, or any other automatic means of obtaining information from the Digital Platforms or through the Digital Platforms or the services offered on or through the Digital Platforms;
(e) obtain or attempt to obtain unauthorized access to computer systems, materials or information that is not intentionally made publicly available by Sotheby’s through any means, including through password mining;
(f) use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms in violation of Sotheby's or any third party's intellectual property or other proprietary or legal rights;
(g) frame or link to the Digital Platforms without our express written permission or as otherwise expressly permitted pursuant to Section 8 below;
(h) use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms for purposes of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information;
(i) engage in activities, or use the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms, in a manner that could damage, disable, overburden, or impair the Digital Platforms or our (or our third-party service providers’) computing, storage or communications infrastructure, or interfere with any other party's use and enjoyment of the Digital Platforms;
(j) use or deploy any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Sotheby’s or any third party; or
(k) attempt (or encourage or enable anyone else's attempt) to engage in any of the foregoing prohibited activities or otherwise alter or interfere with the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms.
5. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on or in connection with the Digital Platforms (or on content available on the Digital Platforms) and all rights therein belong to Sotheby’s, SPTC, Inc., or our affiliates, licensors or partners, or other parties, and may not be used in any manner unless expressly authorized in writing by Sotheby’s or the applicable Trademark owner.
6. User Information; Account Registration. In the course of your use of the Digital Platforms, you may be asked to provide certain personal information to us ("User Information”), including if you choose to register a user account on the Digital Platforms. Our information collection and use policies with respect to the privacy of such User Information are set forth in the relevant Sotheby’s Privacy Policy which are incorporated herein by reference.
We will not knowingly collect personally identifiable information from any person that is actually known to us to be a child under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE DIGITAL PLATFORMS AT ANY TIME OR IN ANY MANNER.
You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
You may register for an account on the Sotheby’s Websites. We may refuse to accept any application for an account registration, or may cancel any account registration at any time, in our sole discretion. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You are solely responsible for maintaining the confidentiality of your access credentials and other account information, and acknowledge and agree that you are and will be solely liable for any and all acts and omissions under your account, including any content that is posted or transmitted using the Digital Platforms. Without limiting the foregoing, you agree to use reasonable efforts to prevent unauthorized access to or use of your account and to preserve the confidentiality of your username and password, and any device that you use to access your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You will be solely responsible for losses incurred by Sotheby’s and others due to any unauthorized use of your account.
7. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Digital Platforms, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, feedback, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the relevant Sotheby’s Privacy Policy. By submitting or sending Submitted Materials to us, you: (a) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any "moral rights" in Submitted Materials have been waived, (b) irrevocably assign to us all right, title and interest therein, and waive any rights therein that cannot be assigned to us (including moral rights), and (c) acknowledge that we have the unrestricted right to use Submitted Materials for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
8. Linking to the Digital Platforms. You agree that if you include a link from any other web site to the Digital Platforms, such link shall: (i) not contain any logos, but rather should merely read "Sotheby's" in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Digital Platforms. You are not permitted to link directly to any image hosted on the Digital Platforms or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You are permitted to link directly to videos hosted on the Digital Platforms only with proper credit to Sotheby’s, and you may not alter the videos in any way. You agree not to download or use images hosted on the Digital Platforms on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to the Digital Platforms in any manner such that the Digital Platforms, or any page of the Digital Platforms, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Digital Platforms be discontinued, and to revoke your right to link to the Digital Platforms from any other web site at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may write to: Sotheby's, 1334 York Avenue, New York, New York 10021, Attention: Website Management.
9. Indemnification. You agree to defend, indemnify on demand and keep Sotheby’s and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, content providers, service providers, suppliers and licensors (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from (a) your use of or reliance on the Digital Platforms or any services, content, functions, information, materials or products available through the Digital Platforms, (b) your purchase or use of any products through the Digital Platforms, (c) your placement or transmission of any message, content, information, software or other materials through the Digital Platforms, or (d) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms of Use. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to assist and cooperate with our defense of such claim. In any event, you shall not settle any such claim without our prior written approval.
10. Orders for Products and Services. We may make certain products available for purchase through the Digital Platforms to visitors and registrants of the Digital Platforms, including, for example, our auction catalogue. Certain products that you bid on, purchase and/or download on or through the Digital Platforms may be subject to additional terms and conditions presented to you at the time of such bidding, purchase or download.
11. Third Party Websites. The Digital Platforms may contain links or connections to Third-Party Websites, and Third-Party Websites may link to the Digital Platforms. For purposes of this Section 11, “Third-Party Websites” include all websites, mobile websites, mobile and web applications, and services owned, operated or provided by any third party, including any such website, application or service operated or provided by a third party under license from Sotheby’s or any of our affiliates. Examples of such Third-Party Websites include artnet.com, Sotheby's International Realty, and Sotheby's Institute of Art. The inclusion in the Digital Platforms of any link to a Third-Party Website does not constitute an endorsement or sponsorship by Sotheby’s of such Third-Party Website, or the information, content, products, services, advertising, code or other materials presented on or through such Third-Party Website. Any reliance on the contents of a Third-Party Website is done at your own risk. When you access such Third-Party Websites, you acknowledge and agree that (a) these other websites and services are not under our control and we have no responsibility for the information, content, products, services, advertising, code or other materials provided by or through any Third-Party Website (even if the relevant website or service is owned or operated by a Sotheby’s affiliate, or under license from Sotheby’s or any of our affiliates), (b) there are risks in accessing these Third-Party Websites, and you assume all responsibilities and consequences resulting from such risks, and under no circumstances will we be responsible for any consequences resulting from such risks or for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites, and (c) additional or different Terms of Use may apply when you are accessing and using such Third-Party Websites. By using the Digital Platforms, you release and hold the Released Parties harmless from any and all liability arising from your use of any such Third-Party Website or your reliance on any content, goods or services provided by the relevant third party. If there is a dispute between you and any third party, we are under no obligation to become involved. You should direct any concerns to the relevant third party.
12. Copyright Agent. We respect the intellectual property rights of others, and require that all who use the Digital Platforms do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Sotheby's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
(a) Your address, telephone number, and email address;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the alleged infringing material is located;
(d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent:
General Counsel
Sotheby's
1334 York Avenue, New York, New York 10021
E-mail: copyright@sothebys.com
13. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS IS AT YOUR SOLE RISK, AND THE DIGITAL PLATFORMS AND ALL SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS ARE PROVIDED ON AN “ AS IS ” AND “ AS AVAILABLE ” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES (I) MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE DIGITAL PLATFORMS, AND (II) HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS OR OTHERWISE ON THE DIGITAL PLATFORMS OR IN CORRESPONDENCE WITH SOTHEBY'S OR ITS AGENTS. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE HANDLING, STORAGE, AND USE OF ANY PRODUCTS MADE AVAILABLE TO YOU VIA THE DIGITAL PLATFORMS.
THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT:
(A) THE DIGITAL PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY GOODS, PRODUCTS OR SERVICES AVAILABLE ON THE DIGITAL PLATFORMS WILL MEET YOUR EXPECTATIONS;
(B) ANY INFORMATION PROVIDED WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE;
(C) THE DIGITAL PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(D) ANY DEFECTS OR ERRORS IN THE DIGITAL PLATFORMS WILL BE CORRECTED;
(E) THE DIGITAL PLATFORMS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(F) ANY PARTICULAR RESULT OR OUTCOME CAN BE ACHIEVED OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIGITAL PLATFORMS WILL BE ACCURATE OR RELIABLE.
14. LIMITATION OF LIABILITY.
IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THIS AGREEMENT, (B) THE USE OF, OR THE INABILITY TO USE, THE DIGITAL PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS, (C) YOUR PROVISION OF INFORMATION VIA THE DIGITAL PLATFORMS; (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE DIGITAL PLATFORMS; (E) ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE DIGITAL PLATFORMS, OR (F) LOST BUSINESS OR LOST SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE DIGITAL PLATFORMS ARE ACCESSED, DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR OTHER PROPERTY THAT RESULTS THEREFROM OR FROM YOUR USE OF ANY SUCH MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE DIGITAL PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE DIGITAL PLATFORMS EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50.00).
15. Dispute Resolution. EXCEPT AS OTHERWISE PROVIDED UNDER THESE TERMS OF USE, ALL DISPUTES AND CLAIMS BETWEEN YOU AND SOTHEBY’S THAT ARISE OUT OF OR IN CONNECTION WITH, OR RELATE TO, THESE TERMS OF USE SHALL BE RESOLVED, AT THE FILING PARTY'S ELECTION, IN EITHER A SMALL CLAIMS COURT OR BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES AND SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARBITRATION SHALL TAKE PLACE IN NEW YORK, NEW YORK. ALL DISPUTES IN ARBITRATION WILL BE HANDLED SOLELY BETWEEN THE NAMED PARTIES, AND NOT ON ANY REPRESENTATIVE OR CLASS BASIS. FURTHER, UNLESS BOTH YOU AND SOTHEBY’SAGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM WITHOUT AFFECTING OTHER INDIVIDUALS.
YOU UNDERSTAND AND AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND SOTHEBY’S SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
YOU UNDERSTAND THAT YOU AND SOTHEBY’S ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY.
16. Local Standards. We do not represent or warrant that the Digital Platforms or any content, materials, information, functions or products available through the Digital Platforms are appropriate for use in all locations. Persons who choose to access the Digital Platforms do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17. Termination. Notwithstanding anything to the contrary set forth in these Terms of Use, we may cancel any order, terminate your access to all or any part of the Digital Platforms at any time, and/or block or prevent future access to and use of the Digital Platforms, in each case with or without cause, with or without notice and without attendant liability, effective immediately. Upon any termination, all rights and obligations of the parties hereunder shall cease and you shall immediately cease using the Digital Platforms, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of these Terms of Use shall survive and (b) the provisions of these Terms of Use that by their nature are intended to survive termination shall so survive. We maintain a policy that provides for the termination in appropriate circumstances of the Digital Platforms use privileges of users who are repeat infringers of intellectual property rights.
18. Miscellaneous. The Terms of Use incorporate the applicable Privacy Policy and any other terms applying to your use of the Sotheby’s Website by reference. These Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York. Subject to the terms of Section 15 above (Dispute Resolution), you agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Except as otherwise set forth herein, these Terms of Use may only be amended by a written agreement executed by you and an authorized representative of Sotheby’s specifically referencing these Terms of Use. Any waiver of any provision of these Terms of Use by Sotheby's must be made in writing and signed by an authorized representative of Sotheby's and the provision to be waived. Headings used in these Terms of Use are for convenience only and are not to be relied upon. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. These Terms of Use will inure to the benefit of, and are intended to be enforceable by, Sotheby's successors, assigns and licensees. There are no third party beneficiaries to this Agreement.
19. Further Inquiries. You may direct questions about these Terms of Use, or other issues, to:
Sotheby's
1334 York Avenue
New York, New York 10021
Attn: Website Management
Last Modified: April 26, 2019
Privacy Policy Effective Date: June 12, 2025 SCOPE Welcome to the Sotheby’s group of companies. This is the Privacy Policy of Sotheby’s Inc, together with the wider Sothebys group of companies, details of which can be found here (“Sotheby’s” or “we”). From its beginnings in 1744, Sotheby’s has built its business on the trust of its customers, clients and visitors. We endeavor to understand their interests in art and design and, at the same time, protect their privacy. Those values remain essential to us even as we have grown into a global network of offices in approximately 40 countries. Sotheby’s publishes this Privacy Policy to let you know how we collect, use, and disclose your personal information in the course of operating our business. It also describes your rights in relation to this information. In some circumstances, such as for certain events, we may provide additional information regarding our data practices. This Privacy Policy applies to any Sotheby’s service, event, website, mobile application or other digital or non-digital service, and any hard copy (paper) form which provides a link to or refers to this Privacy Policy. If you register with or transact on any of our apps or other group websites the relevant privacy policy will be linked to on such sites. For those who reside in the United Kingdom, Switzerland or the European Economic Area, United Arab Emirates, Dubai International Financial Centre (“DIFC”) and the Kingdom of Saudi Arabia, please see the end of this Policy for additional information regarding our practices. For California residents and residents of other US states that have enacted comprehensive privacy laws, please see the section titled “Additional Information for California and US Residents”. If you reside in mainland China or transact or consign there or use any of our Chinese apps, website or digital properties, please see the section below titled “Additional Information for China Customers” for additional information that applies to you. And please note that the Sotheby’s Watch Service website and services are available only to customers and clients in the United States, subject to the Watch Service Terms of Use. INFORMATION SOTHEBY’S COLLECTS ABOUT YOU Personal information is information, or a combination of pieces of information, that could reasonably allow you to be identified. As described in more detail below, we collect personal information about you from a variety of sources, including information we collect from you directly, information we collect about you from other sources, and information we collect automatically from you. Information We Collect Directly From You We collect information that you submit to us face to face, over the telephone, on a paper form, by email or online or provide to us on forms available on third party websites. The types of information that we collect directly from you include: personal details (e.g., name, date of birth, alias and/or avatar alias), contact details (e.g., phone number, email address, postal address), transaction information (e.g., bidding or purchase records, shipping details, information about items you purchase or wish to sell or consign), details about your collection, financial information (e.g., tokenized payment information in connection with your purchases, wire instructions, bank account or bank transfer details, digital wallet details and address), username and password, user ID, unique device ID, information on forms required for certain transactions (e.g social security number), insurance details, and identification information (e.g. photo ID and proof of address). 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, sell or consign property, participate in one of our auctions or sales, become a client, register or bid online. Information We Collect From Other Sources We may collect information about you from external sources, including social media sites and data supplementation services. The types of information we collect about you from other sources include your public profile information, family relationships, organizational affiliations, results of verification checks, nature of your connection to an organisation, your source of wealth, whether you are subject to sanctions, a PEP or a family member or close associate of a PEP. 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, where permitted by law. 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, as permitted under applicable law. Information We Collect Automatically We may make video recordings of our auctions (including for security reasons and to monitor bidding), gallery spaces, and certain live events. Live streaming of our auctions and certain events is available on our websites and on social media for certain auctions. Cameras and microphones recording images and sounds for live streaming focus primarily on auctioneers, presenters and our specialists but it is possible that background sound and images may be captured. We use CCTV at our sales rooms and offices for the protection of our staff, our visitors and the property we sell. We record calls made to our customer care and telephone bidding lines for quality assurance, compliance purposes, and recordkeeping purposes. We may use common data collection technologies as you visit our websites or apps or interact with our emails. For example: – Our logs gather date, time, information about your browser and system or device configuration, information about how you interact with our digital properties, and an IP address for all visitors to our sites. – We use data collection technologies to collect information that indicates your individual interests in our websites, online platforms and apps, and your response to our emails, events, invitations and marketing campaigns. – The Cookies and similar technologies on our digital platforms can also read and collect data about your browsers as you visit and interact with those platforms: please read our Cookie Policy for more detailed information about what cookies are, what kinds are used on our sites, and what choices you have. As described further in our Cookie Policy, we use these technologies to enable you to use our digital platforms, learn how you and others interact with our digital platforms, personalize the content on our digital platforms, and to deliver advertising based on your interests, including those inferred from your activities over time and across digital platforms operated by us and others and from your event acceptance and attendance. – In general, our app will communicate data you provide about yourself, for example, registration, purchase, or bidding data, to our databases and systems. An app may, however, rely on other data collection technologies to recognize the device you use for viewing and to personalize your experience. If our app relies on additional data collection technologies that collect or use data about individual users, we will include additional notice either within the app or in a policy that accompanies it. – We also use and allow certain other companies to use technologies that are similar to cookies (for example pixels and gifs) when we send you emails. HOW SOTHEBY’S USES INFORMATION ABOUT YOU Sotheby’s uses data about you for the following purposes, as permitted by applicable law: – To provide you with the requested services. For example, bidding, selling, valuation, storage, shipping, loans and loan referral, restoration and expert advice. – To manage and assure the integrity of our auctions. – To on-board you as a client, verify your identity and sources of wealth and to satisfy our know your client obligations, to enter into and fulfill contracts with you, to fulfill your orders and purchases, facilitate sales or consignments, provide the publications, catalogs, and information you request, to manage your account, enquiries and requests and your relationship with us. – To identify products, services, and offers you may be interested in based on your transactions and interactions with us, including but not limited to consignments, bidding histories, payment histories and events attended. – To where you consign or sell property with us, advertise and sell your property on any of our international and country specific apps, websites and digital properties. – To send you information about upcoming auctions, events, types of property and content that you may be interested in. – To improve and personalize based on your inferred interests from our website and services. – To match online ads to your interests, arrange for Sotheby’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 monitor the performance of our websites, apps and digital properties and improve your user experience. – To satisfy legal obligations and compliance requirements under laws and regulations applicable to Sotheby’s Inc, and members of the wider Sothebys group of companies (both within your jurisdiction and internationally). For example, know your client, to check and verify your identity and to protect against the risk of fraud and to detect and prevent money laundering or other financial crime. – To carry out anti money laundering checks, risk screening, crypto wallet and transaction screening and monitoring and blockchain analytics. – To create and maintain records of art objects to assist us (and in the case of our public records including our online lot pages and online and printed catalogues to assist the public) with checks on authenticity, provenance, title and object value and to prevent fraud, theft or other unlawful activities. – To provide you (where required) with a digital wallet to enable you to receive an NFT that you have purchased. – To identify an alternative third party auction or sale house where your property does not meet our requirements or is not suitable for consignment with or sale by us. In the event you choose to consign or sell your property with such third party auction or sale house such third party will provide us with details of any sale to enable us to confirm and audit any introductory commission that may be due to us. – To protect and defend our rights and property, you, or third parties. – To keep you, our staff and property on our premises secure. – To comply with legal obligations and regulations to which Sotheby’s Inc and/or the wider Sothebys group of companies are subject and cooperate with regulators, other appropriate agencies or authorities and law enforcement bodies, both within your jurisdiction and internationally. – To develop, improve and test certain of our products and services. – To monitor the use of our services, train our staff and improve your client or your user experience and to enhance or improve our platforms, digital offerings and our services. For example, through survey, interview or market research. – For other purposes that we tell you about specifically when you register or provide data about yourself to us. HOW SOTHEBY’S DISCLOSES INFORMATION ABOUT YOU Your personal information will be processed by the Sotheby’s entity that initially receives it. We also share information within the Sotheby’s group of companies for the purposes set out in this privacy policy. Details of these entities may be found here. Sotheby’s may disclose personal information to other companies or entities as follows: – To business partners, service providers and vendors that work on our behalf to provide services such as property shipments, mailings, customer account and technology support, platform providers, secure payment processing, experts who help us authenticate or value your property, fraud prevention, digital marketing management, and data and property storage or warehousing. One such entity is Stripe who is a payment processor. For details of how Stripe uses your personal information please see Stripe’s privacy notice at https://stripe.com/privacy. Shopify is another service provider, which acts as platform provider for our Sotheby’s wine website and at certain of our salon locations. For details of how Shopify uses your personal information please see Shopify’s privacy notice at https://www.shopify.com/legal/privacy. – To our auction or sales partners in association with auctions or sales. For example, when we offer auctions or sales with our group or third-party partners, we may share auction or sale related data with those partners subject to the privacy policy or policies made available to you when registering for or bidding in association with the auctions or sales. – To consigners, sellers, buyers, customs authorities and others as needed to facilitate a consignment, sale or purchase, including to arrange the collection, delivery or shipment of property. – To organizations we partner with to host events and those who are involved in such events such as caterers and the event venues. – 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 laws and regulations. – To US, UK, EU, Asian and other domestic and overseas regulators, law enforcement agencies and authorities and other appropriate agencies or authorities in connection with their duties, such as preventing, investigating or detecting crime or to conduct money and trade sanction checks and to meet our compliance, legal and health and safety obligations. -- To identity checking and verification, AML, fraud and risk screening services, including for sanctions and/or negative media purposes. One such provider is Refinitiv Limited who check your data against various public data sets. Please see their World-Check privacy policy here for details of how Refinitiv uses your personal information. Some of these screening services, such as Chainalysis Inc, may aggregate your data (such as cryptocurrency hashes and output addresses which are available publicly and user IDs) with their datasets to enable illicit activity to be identified. Further details can be obtained from Chainalysis’ website here. – To an alternative third party auction or sale house where your property does not meet our requirements or is not suitable for sale by us to identify if you would like to consign or sell certain items with such third party. As part of a sale, merger, liquidation, or transfer of our business assets. – We may share information with digital advertising and analytics firms so that they may recognize your devices and deliver interest-based content and advertisements to you. The information we share may include your name, postal address, email, device ID, or other identifier. These firms may collect additional information from you, such as your IP address and information about your browser or operating system; may combine information about you with information from other companies in data sharing cooperatives in which we participate; and may place or recognize their own unique cookie on your browser. To learn about certain choices you may have with regard to such sharing, please see our Cookie Policy. – We may disclose information about you to Sotheby’s International Realty, a company outside of the Sotheby’s corporate group and a business partner that we coordinate our activities with from time to time All of these recipients and third parties may be located outside of the UK, the EEA and Switzerland, including the US, and potentially in any country in the world. YOUR CHOICES 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 stop email marketing by using the “opt out,” or “unsubscribe” mechanism at the bottom of our email marketing messages. In most cases, we will give you a choice about stopping just one kind of email or opting out of all email marketing from us. – Whether cookies can be set or read on your browser. You can learn more about controlling cookies placed on your device as you visit our sites in our Cookie Policy. – Whether your account is up to date. You may review and edit the personal information that is stored in your user account on our website (e.g., your passwords and other contact information) by visiting the “Profile” area of your account on our website or by contacting Sotheby’s via the email address at the end of this Policy. We will endeavor to respond to your request as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies, or delete any information, 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 Sotheby’s is a global company. We receive data collected locally by members of the Sotheby’s group and collect data online directly from individuals in countries around the world. Sotheby’s may in the normal course of its business transfer your personal information internationally to Sotheby’s salesrooms, offices and representatives, and to other organisations who need to process your data in connection with the services that Sotheby’s provides. We may process that data on servers globally. Your data will also be held on our servers in the USA. We have put recognized protections in place for the transfer of data from members of the Sotheby’s group in the UK, the EEA and Switzerland to regulate the processing of personal data outside of these countries. 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. You remain responsible for protecting your username and password and for the security of information you transmit to us over the Internet. 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 the services. – Preserve historical records of transactions and property. We will delete your personal information when it is no longer required for these purposes. CHILDREN’S DATA Our websites are directed to adults. We do not accept children as clients or knowingly collect data about them. THIRD PARTY WEBSITES Our websites may contain links to other websites not owned or controlled by Sotheby’s. Those websites may collect information about you. Sotheby’s is not responsible for their practices or content. Additionally, we may work with auction partners so that you can bid on Sotheby’s items from other sites or platforms. If you participate in an online auction on another company’s site or platform, please note that those companies may transfer data about you to us to fulfill successful bids and that we may use that data in a manner consistent with this Policy. Please note that if you use another company’s auction site, you should review the posted privacy policy applicable to that site. Your Rights You may ask us if you have questions about the data we hold on you. Under certain circumstances, subject to local law requirements, you may have rights under data protection laws applicable to your personal data. These may include a right to 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 may also have rights to object to some processing and, where we have asked for your consent to process your data, to withdraw this consent. Please contact us at privacycompliance@sothebys.com if you wish to exercise any of the rights that apply to you and your personal data. For residents of: California or residents of other US states that have enacted comprehensive privacy laws please see the section below titled “Additional Information for California and US Residents” EU, UK, Switzerland, United Arab Emirates, Dubai Financial Centre (“DIFC”) and Kingdom of Saudi Arabia please see the section below titled “Additional Information for EEA, UK, Switzerland, United Arab Emirates, Dubai International Financial Centre (“DIFC”) and Kingdom of Saudi Arabia Customers”; and China please see the section below titled “Additional Information for China Customers”, for more information about your privacy rights. HOW TO CONTACT US For questions about this Privacy Policy please email us at privacycompliance@sothebys.com or contact: Sotheby’sAttn: Legal and Compliance Department1334 York AvenueNew York, NY 10021 ADDITIONAL INFORMATION FOR CALIFORNIA AND US RESIDENTS We may collect the following categories of personal information from and about you: Identifiers: Such as your name, email address, phone number, IP address, device identifier, online identifier, client number and government-issued identification numbers you provide. Internet activity: Such as browsing history, search history, content or items viewed, account logins, and interactions with emails, digital ads, and other communications. Transactions: Such as bidding and purchase records, items considered for purchase or bidding, items offered for consignment, shipping details, and events attended. Payment information: Such as tokenized payment information or wire instructions. Demographics: Such as information about your gender or age. Location information: Such as the addresses you provide or your general location as inferred from your IP address or other network information. Professional and employment information: Such as information provided on valuation or credit documents. Video and audio: Such as recordings of auctions or client service calls. Inferences: Such as our assessment of the types of art, furniture, objects or jewelry in which you may have an interest. We collect information that may be considered sensitive under some US laws, such as government identification numbers, login credentials for your Sotheby’s account, precise geolocation, race or ethnic origin, religion, mental or physical health, sexual orientation, citizenship, or immigration status. We process such information only for those purposes expressly permitted under California law. We collect and disclose all such information for the following business purposes: To fulfill your orders and purchases, 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. However, we do not use or disclose payment information for such purposes. To improve and personalize our website and services based on your inferred interests. To match online ads to your interests, arrange for Sotheby'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. However, we do not use or disclose race, ethnic origin, religion, mental or physical health, sexual orientation, citizenship, or immigration status for such purposes. To obtain services such as item shipments, mailings, customer account and technology support, secure payment processing, fraud prevention, digital marketing management, and data storage. To expand our online audiences. To provide, maintain, and protect our digital offerings. To check and verify your identity and to protect against the risk of fraud and to detect money laundering or other financial crime. To carry out anti money laundering checks, risk screening, crypto wallet and transaction screening and monitoring and blockchain analytics. To provide you (where required) with a digital wallet to enable you to receive an NFT that you have purchased. To protect and defend our rights and property, you, or third parties. To coordinate auctions with business partners. To coordinate events. For legal and compliance purposes. To cooperate with law enforcement or other reasonable requests for information. To support potential sales, mergers, liquidations, or transfers of our business assets. For other purposes that we inform you about specifically when you register or provide data about yourself to us. We disclose all of the categories of personal information noted above with service providers that process personal information on our behalf (e.g., data storage providers, email services, Internet service providers, and research firms), business partners (e.g., event coordinators, professional advisors and consultants), government and law enforcement entities, advertising and marketing companies, and our affiliates. 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 the services. – Preserve historical records of transactions and property. We will delete your personal information when it is no longer required for these purposes. We also disclose certain personal information in exchange for services, insights, or other valuable consideration. Such disclosures may be considered “sales” even if no money is exchanged. And we disclose certain personal information for purposes of targeting advertising on unaffiliated or distinctly branded websites or applications. Such disclosures are considered a “share” under California law. We may share or sell the following categories of information to the third parties listed below: Categories of personal information disclosed in exchange for valuable consideration or for targeted advertising Categories of third parties to whom this information is or was disclosed in the past12 months Identifiers Digital advertising and analytics companies, marketing partners, social media platforms, auction partners and event co-hosts. Internet activity Digital advertising and analytics companies, social media platforms, and marketing partners. Transactions Digital advertising and analytics companies, auction partners and event co-hosts, and marketing partners. Payment information N/A Demographics Digital advertising and analytics companies, marketing partners, social media platforms, auction partners and event co-hosts. Location information Digital advertising and analytics companies, auction partners and event co-hosts. Professional and employment information Marketing partners, auction partners, and event co-hosts. Video and audio information Auction partners and event co-hosts. Inferences Digital advertising and analytics companies, marketing partners, social media platforms, auction partners and event co-hosts. Residents of California have the following rights, and these rights may be afforded to residents of certain other states: Right to know. You may request that we provide you with information about the categories of your personal information that we collect, the specific pieces of personal information that we hold about you, the categories of sources from which we collected the information, our reasons for collecting and sharing the information, and the types of third parties with which we share the information. Right to deletion. You may ask us to delete your personal information, subject to certain exceptions. Right to opt out of sales or the processing of information for targeted advertising. You have the right to opt out of certain disclosures of your personal information for valuable consideration and to opt out of the processing of personal information for targeted advertising. You can exercise this right through the “Do Not Sell or Share My Personal Information" link for Sothebys.com, via this link for watchservices.sothebys.com, and via this link for wine.sothebys.com or by calling the toll free number 1-833-543-0067. Right to opt out of profiling. You may have the right to opt out of profiling that supports decisions that have legal or similarly significant effects. We do not engage in such profiling Right to be free from discrimination. You have the right to not be discriminated against for exercising any of the above-listed rights. We may, however, provide a different level of service or charge a different rate reasonably relating to the value of your personal information. Right to appeal. You may have the right to appeal a decision we make regarding your rights request. If you would like to exercise any of the above rights, please submit your request at privacycompliance@sothebys.com. Please note that we may request specific information from you in order to verify your identity, and there may be circumstances where we will not be able to honor your request. For example, if you request deletion, we may need to retain certain personal information to comply with our legal obligations or other permitted purposes. We will only use personal information provided in a verifiable consumer request to verify your identity or authority to make the request. If you are submitting a request through an authorized agent, the authorized agent must provide us with your signed written permission stating that the agent is authorized to make the request on your behalf. We may also request that any authorized agents verify their identity and may reach out to you directly to confirm that you have provided the agent with your permission to submit the request on your behalf. ADDITIONAL INFORMATION FOR EEA, UK, SWITZERLAND, UNITED ARAB EMIRATES, DUBAI INTERNATIONAL FINANCIAL CENTRE (“DIFC”) AND KINGDOM OF SAUDI ARABIA CUSTOMERS & VISITORS TO SOTHEBY’S SITES AND APPS Who is responsible for your data? If you transact in an auction or private sale in a Sotheby’s office in the EEA, UK, or Switzerland, then the Sotheby’s entity running the auction or sale will be the data controller for that data. The name and contact details for this entity will be set out in your consignment agreement, private sale agreement, invoice, or Conditions of Business for the auction or sale. If you visit Sothebys.com or use the Sotheby’s Inc app, then the data controller will be Sotheby’s, a US entity, and this Policy contains our contact details. Sotheby’s main establishment in the EU is Sotheby’s France. Sotheby’s in London is the Sotheby’s UK-based establishment. What is the legal basis on which Sotheby’s relies to process your data to the extent required by applicable law? On some occasions, Sotheby’s processes your data with your consent (e.g., when you agree that we may place cookies according to applicable law, or if you ask Sotheby’s to send you information about upcoming events). On other occasions, Sotheby’s 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). Sotheby’s 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, Sotheby’s 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 and apps 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. Data transfers Sotheby’s may transfer personal information to countries outside the EEA, Switzerland and the UK, including to countries which have different data protection standards to those which apply in the EEA, Switzerland and the UK. Sotheby’s has put in place European Commission approved standard contractual clauses to protect this data. For more information on the appropriate safeguards in place, please contact us at the details above. In exceptional cases, we may transfer your personal data to countries that do not provide an adequate level of data protection based on an exception, such as if the transfer is necessary for the performance of a contract, in case of legal proceedings abroad, or if you have consented to such a transfer. Automatic Decision-Making The way we analyse personal information for advertising and marketing purposes and for client development, risk assessment, or fraud prevention may involve profiling, which means that we may process your personal information using software that is able to evaluate your personal aspects and predict risks or outcomes. For example, we may use the information we collect (e.g., bidding and purchase information, browsing history, and consignment history) to infer your interests. And we may use those inferences to support automated decisions about the content, recommendations, and offers we present to you on our digital properties. We may use automated tools to flag for further review suspicious activities associated with our services (e.g., multiple logins from different locations within a short period of time or activities associated with suspicious IP addresses). These automated activities will not, in themselves, have legal or similar effects for you. Your rights You may ask Sotheby’s 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 below. 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. For questions about this Privacy Policy please email us at privacycompliance@sothebys.com or contact: Sotheby’sAttn: Legal and Compliance Department1334 York AvenueNew York, NY 10021 ADDITIONAL INFORMATION FOR CHINA CUSTOMERS There may be some circumstances where we will seek further consents from you. For example, if we change the purposes or legal basis for processing your personal information, how we process your personal information, recipients of your personal information, the types of personal information we process or when we process sensitive personal information. Please indicate your consent when prompted. Please note that if you do not provide your consent, we may not be able to provide some or all of our services to you. In circumstances where your personal information is shared between and used by members of the Sotheby’s group which are based outside China, each such member will process your personal information in accordance with the Privacy Policy. You may contact them by using the contact details mentioned in “How to Contact Us”. Where we ask for your separate consent for certain sharing and transfers, please indicate your consent when prompted. Please note that if you do not provide your consent, we may not be able to provide some or all of our services to you. If you reside in mainland China or consign or transact there or use our Chinese apps or website your personal information may also be held on our servers in mainland China. Your account will be serviced by our international and Chinese based client teams. Your Rights You may ask Sotheby’s 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. Please note that if you withdraw your consent to processing your information, we may not be able to provide some or all of our services to you. We will advise you if a service is no longer available to you. You may also not be able to use all of the functionality that is available on our digital properties, websites or apps. If you would like to discuss or exercise such rights, please contact us at privacycompliance@sothebys.com . 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. To exercise your rights in respect of your personal information, please contact us through the details set out in the “How to Contact Us” section above. 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.