Independent Collectors

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Contact

Independent Collectors GmbH
Charlottenstraße 42
10117 Berlin
Germany

Managing Directors:
Alain Gasser, Sandra Gehrer
Registration Court:
Amtsgericht Charlottenburg
Entry No.: HRB 113393
VAT ID No.: DE260731620
Responsible for contents
pursuant to sec. 55 para. 2 RStV:
Alain Gasser, Sandra Gehrer

Design/Development: src+, Stefan Wunderwald

Privacy Policy (Datenschutzerklärung)

Effective Date: July 3, 2025
Controller: Independent Collectors GmbH (referred to as “Independent Collectors”, “we”, “us” or “our”).
Contact Address: Charlottenstraße 42, 10117 Berlin, Germany.
Contact Email: info@independent-collectors.com

Introduction

Independent Collectors GmbH operates the independent-collectors.com and bmw-art-guide.com websites (the “Service”). This Privacy Policy explains how we collect, use, disclose, and protect your personal data when you use our Service, and outlines your rights in relation to that data. We are committed to protecting your privacy in compliance with the EU General Data Protection Regulation (GDPR) and other applicable data protection laws. By using the Service, you agree to the collection and use of information as described in this Privacy Policy. Any terms used in this Policy have the same meanings as defined in our Terms and Conditions, unless otherwise stated.

Personal Data We Collect

We collect different types of personal data from you for various purposes to provide and improve our Service. The types of data we may collect include:

Identity and Contact Data: Such as your first name, last name, and email address (for example, if you sign up for our newsletter or contact us).
Usage Data: Information automatically collected about how you access and use the Service. This may include your computer or device’s Internet Protocol (IP) address, browser type and version, the pages you visit on our Service, the date and time of your visit, time spent on pages, and other diagnostic data.
Cookies and Tracking Data: We use cookies and similar tracking technologies (like web beacons, tags, and scripts) to monitor activity on our Service and hold certain information. Cookies are small text files stored on your device. They enable website functionalities and can also be used to analyze usage and remember your preferences. For more details on how we use cookies, see Cookies and Tracking Technologies below.

If you choose to provide us with additional personal data (for example, when submitting a collection for consideration in our Art Guide or when providing feedback), we will also process that data for the purposes for which you provide it.

How We Collect Data

We collect personal data in the following ways:

Directly from You: You may give us your personal data by filling in forms on our website, subscribing to our newsletter, corresponding with us via email or phone, or otherwise interacting with our Service. For instance, when you subscribe to our mailing list, you provide your email address (and optionally your name) which we collect.
Automatically: As you navigate and interact with our Service, we automatically collect Usage Data and certain technical data through cookies, server logs, and other similar technologies. This includes information detailed above under “Usage Data” (e.g., IP address, browser information, pages viewed). We may also receive technical data about you if you visit other websites employing our cookies.

We may also receive information about you from third parties in some cases (for example, if a partner or third-party service helps facilitate an event or contest and shares participant information with us), though generally our normal operations do not involve obtaining substantial personal data from third parties.

Purposes and Legal Bases for Using Your Data

We use the collected personal data for the following purposes, and each use of data is supported by a legal basis under GDPR:

To Provide and Maintain Our Service: We use identity and usage data to operate the website and ensure its functionality (legal basis: performance of a contract – providing you the Service you requested, and/or legitimate interest in running a functional service).
To Communicate with You: This includes notifying you about changes to our Service or policies, responding to inquiries you send us, and sending you information you request (legal basis: performance of contract for service-related communications, and consent for optional communications such as newsletters).
To Allow Participation in Interactive Features: If our Service offers interactive features (such as submitting content or participating in discussions), we process your data to enable those features when you choose to use them (legal basis: performance of a contract or consent, depending on the feature).
To Provide Customer Support: We process contact data and any information you provide when you seek help or support, in order to assist you (legal basis: legitimate interest in ensuring customer satisfaction and resolving issues).
To Improve Our Service and Analyze Usage: We use usage data and cookies to understand how users use our website, which pages are popular, how users navigate the site, and to identify areas for improvement (legal basis: legitimate interest in improving our services; where cookies are non-essential, we rely on consent obtained via the cookie consent banner).
For Analytics and Research: We use third-party analytics tools (described below) to gather information about Service traffic and performance (legal basis: legitimate interest in analyzing usage; and consent via cookies for placing analytics cookies).
To Detect and Prevent Technical Issues and Fraud: We may process certain data (like IP addresses or activity logs) to troubleshoot, secure the Service, and prevent abuse (legal basis: legitimate interest in maintaining security and integrity of our systems).
To Comply with Legal Obligations: In some cases we may need to process personal data to fulfill our legal obligations, for example, retaining transaction records for tax or accounting purposes or responding to lawful requests from authorities (legal basis: compliance with a legal obligation).

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason that is compatible with the original purpose. If we need to use your data for an unrelated purpose, we will notify you and explain the legal basis that allows us to do so, or obtain your consent if required.

Cookies and Tracking Technologies

We use cookies and similar technologies to enhance your experience on our website. Cookies help us to remember your preferences and understand how you use our Service.

Types of Cookies We Use:
- Essential Cookies: These cookies are necessary for the website to function and cannot be switched off. For example, session cookies that keep you logged in (if the site has login functionality) or remember selections in your cookie consent preferences.
- Preference Cookies: These cookies remember your settings and preferences (such as language or region) to provide a more personalized experience.
- Analytics Cookies: We and our third-party analytics providers (like Google Analytics) use these cookies to collect information about your visit (pages viewed, time spent, interactions) so we can improve the website. These cookies help us understand user behavior on an aggregate level. We only set analytics cookies with your consent.
- Security Cookies: These cookies may be used to detect repetitive failed login attempts or similar threats to help protect user accounts and data (if applicable).
Cookie Consent: On your first visit to our site (and periodically thereafter), you will be presented with a cookie consent banner. You have the choice to accept or decline non-essential cookies. Essential cookies (which are necessary for the operation of the site) are used on the basis of our legitimate interest and are deployed regardless of consent. For all other cookies, we rely on your consent. You can manage your cookie preferences at any time by [describe how users can update preferences, e.g., clicking a “Manage Cookies” link in the footer or adjusting browser settings].
How to Manage Cookies: If you want to prevent the use of cookies or delete cookies that have already been set, you can do so through your web browser settings. Each browser provides ways to restrict or delete cookies. Please note that if you disable cookies, some features of our Service may not function properly.

For more detailed information about the cookies we use, you may refer to our [Cookie Policy/section] if available, or contact us for a list of the specific cookies and their purposes.

Disclosure of Your Data

We treat your personal data with care and confidentiality. We do not sell or trade your information. We may disclose or share your data only in the following circumstances:

Service Providers: We employ trusted third-party companies and individuals to facilitate our Service, provide the Service on our behalf, or perform service-related functions. This includes, for example, technology infrastructure providers, analytics services, and email newsletter providers. These parties act as our data processors and are contractually obligated to only use personal data as needed to perform their tasks and to protect it. For instance:
- Analytics: We use Google Analytics (provided by Google LLC) to understand how our site is used. Google Analytics may set cookies and collect usage data (see “Analytics” below for more).
- Newsletter Distribution: We may use an email marketing service (e.g., Mailchimp or similar) to manage our newsletter subscriptions and send out emails. If you subscribe to our newsletter, your email address and name may be stored with that service provider solely for the purpose of sending you our newsletters.
- (If applicable, list any other key providers or categories, such as hosting providers, payment processors if e-commerce, etc.)
Legal Requirements: Independent Collectors GmbH may disclose your personal data in good faith belief that such action is necessary to:
- Comply with a legal obligation or respond to lawful requests by public authorities (e.g., a court order or government demand).
- Protect and defend the rights or property of Independent Collectors GmbH.
- Prevent or investigate possible wrongdoing in connection with the Service (such as fraud or security incidents).
- Protect the personal safety of users of the Service or the public.
- Protect against legal liability.

Aside from the above, we will not disclose your personal data to third parties without your consent, unless we are legally permitted or required to do so.

International Data Transfers

Independent Collectors is based in Germany, and your data is primarily processed in Germany or other locations within the European Union. However, some of our service providers may be located or may store data in countries outside the European Economic Area (EEA). In particular, if we use Google Analytics or an email newsletter service, your data (such as IP address or email) might be transferred to the United States or other jurisdictions.

When we transfer personal data outside of the EU/EEA, we will ensure that adequate safeguards are in place as required by GDPR. This typically means we rely on European Commission-approved Standard Contractual Clauses, or that the recipient is certified under an approved framework (if applicable), or other legally valid transfer mechanisms. We will take all steps reasonably necessary to ensure your data is treated securely and in accordance with this Privacy Policy and applicable laws.

You acknowledge that if you submit information to us from outside the EU, we will process it in the EU (for example, if you are located outside Germany and provide data to us, that data will be transferred to and processed in Germany). By using our Service or submitting your information, you consent to this transfer, subject to the safeguards described above.

Data Retention

We will retain your personal data only for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

In general:

Usage Data (e.g., web server logs, analytics data) is retained for a short period (e.g., 6 months) unless we need to keep it longer to investigate security incidents or abuse. Aggregate analytics data (which does not identify individuals) may be kept longer for trend analysis.
Contact Information (such as emails or inquiries) is kept as long as needed to respond to you and follow up, and for a reasonable period thereafter in case of further queries or to maintain records of our communications.
Newsletter Subscription Data (email addresses and names for mailing list) is retained until you unsubscribe from the newsletter. Upon unsubscribing, we will remove your contact from our active mailing list. We may retain evidence of your subscription and unsubscription (time and date) as a record of consent, as required by law.
Data for Providing the Service (if you have provided personal data for a particular service or feature) will be kept for as long as you use that service or feature. If you delete your account (if applicable) or withdraw from using the service, we will delete or anonymize your data within a reasonable time after.
Legal Retention: In some cases we must keep data for a certain time by law. For example, business transaction records might be kept for up to 10 years under German commercial or tax law. Such data will be securely archived and used only for those purposes.

After the applicable retention period ends, or upon your valid request for erasure, we will securely delete or anonymize your personal data so that it can no longer be associated with you.

Data Security

The security of your personal data is important to us. We implement appropriate technical and organizational measures to protect your data against unauthorized access, alteration, disclosure, or destruction. This includes using secure servers, encryption of data where appropriate, and restricted access to personal data by our staff and contractors on a need-to-know basis.

Please note, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security. You should also take care with how you handle and disclose your own personal data and avoid sending sensitive information via unencrypted channels.

Your Rights Under GDPR

As a data subject under the GDPR, you have certain rights regarding your personal data. Subject to some legal exceptions, you have the following rights:

Right of Access: You have the right to request confirmation of whether we are processing your personal data, and if so, to request a copy of the data we hold about you, as well as information about how we use itgdpr.eu.
Right to Rectification: You have the right to request that we correct any inaccurate or incomplete personal data we hold about you.
Right to Erasure (Right to be Forgotten): You have the right to request the deletion of your personal data when it is no longer necessary for the purposes for which it was collected, or if you have withdrawn consent (where applicable) or objected to processing and we have no overriding legitimate grounds to continue, or if the data was processed unlawfully, or if erasure is required to comply with a legal obligation.
Right to Restrict Processing: You have the right to request that we limit the processing of your personal data under certain circumstances – for example, while we verify your data correction request or in lieu of deletion when you oppose erasure.
Right to Object: You have the right to object to our processing of your personal data where we rely on legitimate interests as the legal basis, on grounds relating to your particular situation. You also have the right to object at any time if your data is processed for direct marketing purposes.
Right to Data Portability: Where we process your data based on your consent or a contract with you, and the processing is carried out by automated means, you have the right to obtain a copy of the personal data you provided us in a structured, commonly used, machine-readable format, and to request that we transmit it to another controller where technically feasible.
Right to Withdraw Consent: If we are processing any of your personal data based on your consent, you have the right to withdraw that consent at any time. For example, if you consented to receive our newsletter, you can unsubscribe at any time (withdrawing consent will not affect the lawfulness of processing based on consent before its withdrawal).
Right to Complain: You have the right to lodge a complaint with a supervisory data protection authority, particularly in the EU country where you reside, work, or where the alleged infringement took place. For instance, you may contact the Berlin Commissioner for Data Protection and Freedom of Information (Berliner Beauftragte für Datenschutz) or your local authority.

To exercise any of these rights, please contact us at our email address provided in this policy. We may need to verify your identity before fulfilling certain requests (for example, to ensure that we do not disclose data to the wrong person). We will respond to your request within one month, as required by law, and will inform you if we need an extension or cannot fully comply with your request due to legal obligations.

Children’s Privacy

Our Service is not directed to anyone under the age of 18 (“Children”), and we do not knowingly collect personal data from children. If you are under 18, please do not use this Service or provide any personal data. In the event we learn that we have collected personal data from a child under 18 without verifiable parental consent, we will take steps to delete that information promptly. If you are a parent or guardian and believe your child has provided us with personal data, please contact us so that we can investigate and take appropriate action.

Third-Party Links

Our website may contain links to other websites or services that are not operated by us (for example, links to museums, galleries, partner organizations, or social media platforms such as Instagram). If you click on a third-party link, you will be directed to that third party’s site. This Privacy Policy does not apply to those external websites. We strongly advise you to review the privacy policy of every website you visit via links from our site. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time in response to evolving legal, technical, or business developments. When we update the policy, we will post the new Privacy Policy on this page and update the “Effective Date” at the top. If the changes are significant, we will also notify you either via email (if we have your email on record, e.g., for newsletter subscribers) or by means of a prominent notice on our Service prior to the change becoming effective. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information.

Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or about your personal data, you can contact us using the details below:

By Email: info@independent-collectors.com
By Mail: Independent Collectors GmbH, Charlottenstraße 42, 10117 Berlin, Germany