• Home
  • Privacy statement and Cookies Policy

Privacy statement and Cookies Policy

1. Who is responsible for your data processing?


BVA Holding B.V. is a limited liability company established under the laws of the Netherlands, located at Kryptonweg 8, 3812RZ Amersfoort, the Netherlands registered in the Dutch Chamber of Commerce under number 32153174 (hereinafter referred to as ‘BVA Holding’)

BOG Auctions B.V. (a 100% subsidiary of BVA Holding B.V.), is a limited liability company established under the laws of the Netherlands, located at Kryptonweg 8, 3812RZ Amersfoort, the Netherlands registered in the Dutch Chamber of Commerce under number 57406243 (hereinafter referred to as ‘BOG’).

For the purposes described in this Privacy and Cookies Policy, BVA Holding and BOG qualify as “joint data controllers” together defining the means and purposes of the collection, storage, disclosure, use and other types of processing of personal data. Hereinafter these two entities are jointly referred to as “BVA Group”.

Every reference in this Privacy and Cookies Policy (“Policy”) to “we”, “us”, or “our” shall be regarded as referring to BVA Group.

Data protection officer:
For BVA Holding and BOG the DPO is:
Mr. Leonie Pomp,
Kryptonweg 8
3812 RZ AMERSFOORT
The Netherlands
L.Pomp@bva-auctions.com

2. The purpose of this Privacy Statement and Cookies Policy

This Privacy Statement and Cookies Policy describes how BVA Group use the personal information collected from participations in auctions, your visit to BVA websites, online applications and mobile platforms. Because BVA Group is committed to ensuring the privacy and safety of your personal data.

All personal data collected via the website or any other applications and mobile platforms (“Platform”) shall be processed in accordance with the applicable legislation on data protection, more specifically the EU Directive 2016/679, known as General Data Protection Regulations as well as any other future legislation and its national supplementing legislation.

This Privacy Statement and Cookies Policy is valid from May 25, 2018. All future changes to our data protection guidelines will be published on this website. You should therefore check the data protection statement regularly for changes.

3. Purpose of processing personal data

We will handle your personal data carefully and take measures to protect it. In line with legal requirements, please be informed that BVA Group will process and use your (personal) data for the following purposes:
- For the performance of agreements
- Because of an legitimate interest of BVA Group
- To fulfil legal obligations
In all other cases BOG and/or BVA Holding will ask your consent.

Under the responsibility of BVA Group:
• to provide online auction services to you (including facilitating online auctions on the auction website, registering and closing auction bids, informing participants about an auction and its progress, providing information to a seller and/or customer as part of an auction and/or to a third party involved in executing auctions, issuing invoices);
• to store your (personal) registration data in a database in order to facilitate your (future) participation in an auction or auctions;
• to perform audits and security checks in connection with the auction website;
• to inform you of functional changes to the auction website and provide you with important information concerning participation in an auction or using auction services;
• to ask your feedback on a new website page to optimize the website;
• in case you accept our cookies: to measure your experience anonmously in order to optimize the website;
• in case of technical problems to solve these in order to be able to trace your bid on a lot and to prevent that your bid will be lost due to a technical problem;
• to inform you of potential auctions at BOG and other auction houses of BVA Holding B.V. when you subscribed for a newsletter and gave your consent to process your data to inform you by newsletters;
• to manage accounts of customers in the central database
• to handle questions of customers and potential customers

Under the responsibility of BOG:
• to deliver sold goods (for the BVA delivery service, for example) or to (potentially) set up pick-up days;
• when you accept our cookies or when you made an account, to make you specific offers based on your surfing and purchasing behaviour when you gave us consent to do so;
• to handle questions of customers and potential customers;
• to handle complaints;
• to invoice you;
• to enable you to pick up goods or to enable the shipping company to ship good that you purchased to you;
• to do our administration and fulfil our tax obligations;

Under joint responsibility of BOG and BVA Holding:
• to meet legal obligations, comply with judicial rulings and/or implement measures required in connection with a judicial proceeding;


We will ask you for your consent on the auction website before BVA Group use your personal data for marketing purposes, such as for commercial offers (digital newsletter). You will only receive newsletters when you subscribed on our newsletters. Your subscription is logged and filed by us in order to enable us to proof your consent. If you wish to stop receiving marketing information from BVA, you can unsubscribe from the newsletter using the corresponding hyperlink provided therein.

Ad network providers and media companies serve as intermediaries of webshops and advertisers. The marketing cookies that they use, enables them to show advertisements of third parties on the website of BVA. They could combine your favourite lots at BVA with information that they collect when you are visiting other websites. This is information that is not collected or combined or used by BVA but by the media companies and/or ad network providers itself to whom BVA provides space on its website (this is similar as advertising space in for example newspapers). BVA is not responsible or liable for the data processing of these parties. BVA kindly refers you for the cookie- and privacy statement of these ad network providers and companies to their websites. Because cookie and privacy statements may be updated from time to time, we advise you to visit and read the cookie -and privacy statements on a regularly basis.

4. What personal data is collected by us?

As part of the account creation process, BVA Group only collects personal data that is required in order to provide services to you and to perform the agreement with you.
For the creation of an account:
• Name and address of the account creator
• Contact persons/representative agencies (if applicable)
• Email addresses and telephone numbers
For bids and management of the website and content management:
• Technical and pseudonmised data
• Your feedback on the use of our Platform and any other information you send us through the functionalities of the Platform in order to enable us to improve the functionalities of our website and Platform
• Anonymous data which cannot be traced back to a person for reporting purposes

For successful bids/purchases:
Purchased lot;
• Bank details;
• Payment methods and when payment is made;
• For some lots when legally required, date of birth;
• Shipment address.

5. Legal Ground for data processing

The legal ground for our processing activities is twofold:
a. the execution of the agreement we made with you through either your registration for an account to participate in our actions and for the execution of any purchase agreement we made with you after your successful bid;
b. our legitimate interest as a professional auctioneer to communicate with our customers and the attendees of our auctions and to manage our Platform to enable you to participate in our auctions;

Only for the purpose of sending you marketing e-mails and newsletters, the legal ground is different. We will only send you newsletters if you have provided your prior opt-in consent by subscribing to our newsletters through our website. You are always able to unsubscribe from these mailings at any time as stated in paragraph 3 of this Privacy Statement and Cookies Policy.

6. Further details

BVA Group will not collect or store special categories of personal data, such as data revealing political opinions, religious beliefs or data concerning health as defined in article 9 GDPR.
Sensitive data such as credit worthiness are only required in case special lots are on auctions such as aircrafts or expensive goods in order to ensure that bidders are able to purchase these kind of lots and to prevent payment and delivery problems. In some cases we also work with notary publics and lawyers in order to be able to comply with legal requirements when transferring ownership of properties.

Only for its employees BVA Group will process data concerning health and other information needed to execute the employment agreement and all supplementary fees and services such as pension and insurance.

7. Protection of personal data

BVA Group ensures the effective protection of data by using encrypted communication and secure links in line with the state of the art where necessary. BVA has also taken measures to ensure the security of both physical and virtual access to data on its premises and its computer systems.

We will furthermore implement the necessary administrative, technical and organisational measures in order to ensure a level of security that is appropriate for the specific risks that we have identified.

8. Retention of stored data

Your personal data will only be processed for the required duration and will then be deleted once it is no longer required, taking into account legal data retention obligations. BVA Group has a process for the secure retention of the documentation in question.

BVA Group works with third parties to provide services to you and will only pass on information to third parties falling within the following scope:
- Associated companies: associated companies belonging to BVA Holding B.V. and its subsidiaries, if these companies offer comparable data protection and the transfer of data is permitted.
- Service providers: we commission other companies and individuals to carry out work on our behalf. Examples of service providers include companies offering shipping services or payment processing (credit card, direct debit and purchase on account) or professional bidding agents acting on behalf of clients. If BVA uses the services of third parties, it concludes data processing agreements with these parties, from which no independent obligation arises for these parties concerning processing personal data. These service providers have access to personal information that is necessary in order for them to complete their work. However, they are not permitted to use this data for other purposes.
- In all other cases you will be informed if your personal information is to be sent to third parties and will be given the opportunity to consent to this separately.

For employees: to execute the employment agreement, BVA Group concluded agreements with several third parties such as:
- payroll organization
- pension provider
- insurers
- other service providers such as in some cases lease car providers.

For every disclosure we will ensure that the necessary contractual safeguards for the protection of your personal data are set in place.

In every case where personal information is passed on within the aforementioned scope to third parties in countries outside of the European Economic Community (EEC), we guarantee that the data is transferred in accordance with this Privacy Statement and with applicable data protection laws.

In principle all data will be processed within the EU where possible and will not be exchanged with third parties outside of the EU. Data may only be exchanged with a non-EU country on the part of BVA Group if the recipient can ensure the same level of data protection, either based on the laws in force in said country or through separate agreements as prescribed by the EU in the EU binding agreement format. This means that for our call centre that is located outside the EEC, we have ensured adequate protection of your personal data by signature of EU Standard Contractual Clauses.

10. Your rights concerning your data

You have the following legal rights (provided that you request us hereto in writing and provide us with a copy of your ID card to evidence that we are dealing with you):

- Right to information and right to access your personal data: You may at any time request more information on our processing activities and the personal data that we are keeping from you.
- Right to rectification of inaccurate or incomplete personal data: You have the right to obtain from us, without undue delay, the rectification or completion of any inaccurate or incomplete personal data
- Right to deletion of your personal data (right to be forgotten): You may request to delete (part of) your personal data in the following situations:
a. when the processing is no longer necessary for archiving purposes for which they were collected or otherwise processed;
b. when the processing is no longer necessary to execute our agreement with you or when it is no longer legally required;
c. when processing was based on consent and you have decided to withdraw your consent;
d. when your date have been unlawfully processed;
e. when you have reasonable grounds to object to the processing of your personal data;
f. when your personal data have to be erased in compliance with a legal obligation.
- In exceptional cases we may refuse to delete your data for compliance with a legal obligations or for the establishment, exercise or defence of claims or for any legitimate interest.
- Right to restrict processing of personal data: You may request us to restrict the processing of your personal data when:
a. you have contested the accuracy of your personal data, for a period enabling us to verify this accuracy;
b. we no longer need the personal data for the purposes of processing, but you need them for the establishment, exercise or defence of legal claims;
c. the processing appears to be unlawful and you requested us the restriction of the use of your data;
d. we are in the process of verification whether our legitimate interests override yours in the framework of an objection against the processing of your data.
- Right to data portability: In some cases, you have the right to receive all our personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller. This right applies in case the processing is based on consent or on the necessity for the performance of a contract and in case the processing is carried out by automated means.
- Right to object to the processing of your personal data without any charge: You may object to the processing of your personal data, when such processing is based on our “legitimate interests”. In that case we will no longer process your data, unless we have compelling legitimate grounds to do so or because we are required to do so because of a legal obligation. Where (part of) your personal data are processed for direct marketing purposes, you may at any time object to the processing of your data or withdraw your consent thereto. You also have the right not to be subject to profiling for direct marketing purposes.
- Right to complain: In case you have a complaint about our data processing you can contact us by writing our DPO, see for contact details paragraph 1. You also have the right to send your complaint to the local Data Protection Authority. Where BVA Group is the responsible controller, the responsible Data Protection Authority is the Data Protection Authority of the Netherlands, Autoriteit Persoonsgegevens.

Cookies

BVA Group uses cookies on its auction website in order to improve functionality and make your visit to the website more enjoyable. The cookies allow us, for example, to recognise you at your next visit to the auction website. The cookies also allow us to collect certain metrics for statistical purposes, in order to analyse the number of page visits and the popularity of individual pages and topics. Cookies are small text files that are stored by your browser on your computer, tablet or smartphone. We can use these cookies to collect information on the use of its services and adapt these services where possible to suit your requirements.
It is important to note that email and marketing campaigns do not result from cookies. Neither your email address nor your telephone number is stored in cookies and cookies are not used to create traceable personal profiles.

You have the option of accepting or disabling all cookies from any visited websites by changing your Internet browser settings. Please note that certain functions on this website will not be available if you disable cookies. If you are not sure how to change your browser settings or delete cookies, please consult the instructions provided by your browser.

On our website we use the following cookies:

Session cookies

Session cookies are used for managing and securing your current visit to our websites. The cookies are automatically deleted when you close your browser. A full overview of the cookies currently in use, their function and expiration can be found at the bottom of this page.

Persistent cookies

Persistent cookies help websites remember your information and settings when you visit them in the future. This result in faster and more convenient access since, for example, you do not have to login again. It also helps you to select lots and make them your favourite lots, so that you can come back and look at them and decide at a later stage to bid in the auction. It also allows us to inform you when another customer has placed a higher bid than yours and allow you to place a new bid in order to become more successful in winning the lot. A full overview of the cookies currently in use, there function and their expiration can be found at the bottom of this page.

Web browser settings

If you do not want websites to store cookies on your computer, you can change your web browser settings so that a warning appears before cookies are stored. You can also change the settings so that the web browser blocks all cookies or only those from third-party providers. In your web browser settings you can also delete cookies that have already been stored. Please note that these settings must be defined separately on every web browser and computer you use. Please also note that BVA cannot guarantee that its website will function as intended if cookies are blocked. You may find that some website functions are lost or that you can no longer access the website. The steps to change the settings are different for each web browser. Access the help function of your web browser, if necessary, or click on one of the links below to go directly to the instructions for your particular web browser.
• https://support.google.com/chrome/answer/95647?hl=en
• https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer#w_cookie-settings
• https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
• http://support.apple.com/kb/PH5042
• http://help.opera.com/Windows/12.10/en/cookies.html
You can block cookies from certain providers on the following website: http://www.youronlinechoices.eu/.

Hyperlinks

The BVA website may contain hyperlinks to other websites and to websites of business partners which are not part of BVA. BVA does not accept any responsibility for the data protection practices and content of these websites.

Other information

BVA reserves the right to make changes to this Privacy Statement and Cookies Policy from time to time. Please check this each time you visit the website in order to stay up to date.
If you still have questions this Privacy Statement and Cookies Policy, the BVA website or your registration details, or if you wish to amend these details, please contact:
BVA Holding B.V. (for BOG data processing)
Postbus 1838
3800 BV Amersfoort, Netherlands
info@bva-auctions.com
and/or
The DPO in the Netherlands, for contact details, please refer to paragraph 1.

Deze Privacy- en Cookieverklaring is laatst gewijzigd op 25 mei 2018.