Strauss & co - 26 - 28 July 2020, Online

257 1.  INTERPRETATION All interpretations and definitions used in this privacy policy appear in and shall be interpreted in accordance with the general conditions of business. 2.  INTRODUCTION  2.1.  This is the privacy policy of Strauss & Co Proprietary Limited (“ Strauss & Co ”) and applies to all relevant dealings and interactions between Strauss & Co and third parties where Strauss & Co collects and processes personal information  2.2  For purposes of the Protection of Personal Information Act, 2013 (‘ POPIA’ ), Strauss & Co is the ‘ responsible party ’for the processing of users’ personal information and in terms of the General Data Protection Regulation (GDPR) (EU) 2016/679 (‘ GDPR ’) Strauss & Co is the ‘ data controller ’for the processing of users’personal information.  2.3  Strauss & Co is committed to protecting users’privacy and personal information and therefore warrants that no information collected by it will be used for any purposes other than as stipulated in or reasonably expected from the general terms of business or this privacy policy.  2.4.  By making use of the website, placing a bid and/ or buying a lot or linking to the website, the user explicitly agrees and consents to the provisions of this privacy policy, including the further provisions outlined in the general terms of business. If the user does not agree with the above, the user must refrain from accessing the website.  2.5.  Any personal information collected is for Strauss & Co’s internal business purposes or other statutory requirements only, and no personal information will be supplied or distributed to any third party without the user’s consent unless the supply or distribution of such personal information is reasonably expected or necessary for the performance by Strauss & Co of its obligations under and in terms of the general terms of business.  2.6.  The personal information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without the user’s consent, other than for the express purpose of effecting the collection of any purchased lot.This does not include trusted third parties, who assist Strauss & Co in operating the website, conducting business or servicing the user, provided that such third parties agree to keep this information confidential.  2.7.  Strauss & Co may release the user’s personal infor- mation when it believes such release is appropriate in order to comply with the law, enforce its general terms of business and/or to protect its or third parties’ rights, property or safety.  2.8.  Notwithstanding the provisions of this clause 2, anonymised, non-personally identifiable user information may be provided to other parties for marketing, advertising, statistical and/or record-keep- ing purposes.  2.9  Strauss & Co understands the importance of keeping users’personal information secure and has imple- mented appropriate technical and physical steps to safeguard it. 3.  USE OF PERSONAL INFORMATION  3.1.  The general types of personal information that Strauss & Co or invaluable.com may collect from users and the process to collect personal information are as follows: 3.1.1.  personal information provided by the user by filling in the forms on the website and information given in hard copy form by any other means (‘ submitted user information’ ) providing the user’s name, date of birth, address, credit information and any other personal information relevant to the services provid- ed by Strauss & Co.The processing of such personal information is necessary for the performance of a contract between Strauss & Co and the user and to comply with South African legal obligations; 3.1.2.  as part of the submitted user information, the user may also provide interests and marketing prefer- ences, which are relevant to the services provided by Strauss & Co.The processing of such personal information is deemed to constitute processing in the pursuit of the legitimate interests of Strauss & Co; 3.1.3  correspondence or other contacts that a user may have with Strauss & Co, which is deemed to be for the legitimate interests of Strauss & Co; 3.1.4.  details of transactions carried out through the Inval- uable Platform or theWebsite and any communica- tions by telephone, in person, or by any other means relating to those transactions, which information is necessary for the performance of a contract between Strauss & Co and the user; 3.1.5  Strauss & Co may also obtain information when a user subscribes to Strauss & Co’s catalogues. In this regard, the processing of such personal information is in pursuit the legitimate interests of Strauss & Co; and 3.1.6.  details of a user’s visits to the website including, but not limited to traffic data, web logs or other communication data and resources accessed by the user, which is in pursuit of the legitimate interests of Strauss & Co.  3.2.  Specific personal information that Strauss & Co may collect and process from a users’use of the website, which is in pursuit of the legitimate interests of Strauss & Co, consists in the following, namely: 3.2.1.   Cookies . A cookie is a simple text file that is stored on a user’s computer or mobile device by a website’s server and only that server will be able to retrieve or read the contents of that cookie. It allows a website to remember things like the preferences of a user. The use of the website by a user will result in Strauss & Co placing cookies on the user’s computer, as set out further in clause 12. 3.2.2.   IP Addresses .When visiting the website, Strauss & Co may collect certain information pertaining to the user’s computer, including the user’s IP address, operating system and browser type.  3.3.  Personal information is collected for the following reasons, purposes and legal grounds: 3.3.1.   To improve client service : User personal informa- tion helps Strauss & Co to more effectively respond to the client service requests and support the needs of users.The legal basis for processing such personal information is that it is in pursuit of the legitimate interests of Strauss & Co; 3.3.2.   To process transactions : User personal information, whether public or private, will not be sold, ex- changed, transferred, or given to any other company particular purpose, non-infringement, compatibil- ity, security, accuracy and that the quality of any content consumed, purchased or obtained by the user on or through the Website shall meet the us- er’s expectations.  7.10.5.  Strauss & Co, our associated companies, suppliers, contractors and sponsors assume no liability what- soever for any direct or indirect loss or damage arising from electronic communications errors or failures, technical hardware and software failures, lost, unavailable or delayed network connections or failed or incomplete electronic transmissions which may limit the user’s ability to participate in the auctions.  7.10.6.  Strauss & Co shall not be held liable for and is here- by indemnified from any direct or indirect loss or damage incurred as a result of the user’s failure to provide Strauss & Co with accurate information or to keep the user registration and account informa- tion secure and/or arising from the unauthorised use of the user’s log-in credentials, passwords or digital signature. 7.11.  Indemnity The user agrees to defend, indemnify, and hold harmless Strauss & Co, its officers, directors, employees and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of website, the material (including software), your breach of the general conditions of business, or your viola- tion of law or of the rights of any third party. Strauss & Co shall provide notice to you promptly of any such claim, suit, or proceeding and, if it is one asserted by a third party, shall provide reasonable assistance to you, at your expense, in de- fending any such claim, suit or proceeding. ANNEXURE A – ULLAGE DESCRIPTION KEY Privacy Policy of Strauss & Co for Auctions BORDEAUX BURGUNDY In neck Base of neck Top shoulder Mid shoulder Low shoulder Split Half Standard Magnum Jeroboam Rehoboam Methuselah Salmanazar Nebuchadnezzar 3 cm 5 cm 7 cm Balthazar