Privacy Policy

ArtVest is the responsible party for personal information processed in connection with the ArtVest Platform and services, except where another party is independently responsible for particular processing.

Legal name

ARTVEST

Enterprise number

2025/936855/07

Registered address

Daventry court 10 Riviera rd Killarney

Physical address

Daventry court 10 Riviera road Killarney

Email

info@artvest.co.za

Telephone

076 735 9825

Website

ArtVest.co.za

ArtVest's Information Officer is:

Information Officer

Matsie Dikotla

Email

info@artvest.co.za

Telephone

076 735 9824

ArtVest will register its Information Officer with the Information Regulator as required by applicable law. The Information Regulator confirms that Information Officers of private and public bodies must be registered in accordance with POPIA.

For purposes of this Privacy Policy, "personal information" means information relating to an identifiable, living natural person and, where applicable, an identifiable existing juristic person.

Depending on how you interact with ArtVest, this may include:

• your name and surname
• email address
• telephone number
• physical or postal address
• billing and delivery address
• company or organisation details
• identity or passport information
• date of birth where required
• nationality where required
• account login information
• transaction information
• payment-related information
• purchase history
• artwork interests and preferences
• communications with ArtVest
• photographs or images
• professional information
• artist biographies and portfolios
• information provided when requesting art advisory services
• information required for FICA or compliance purposes
• information contained in contracts or correspondence
• IP address
• browser and device information
• website activity and usage information
• cookies and similar technology data
• any other information you voluntarily provide to us

We will only collect information that is reasonably necessary for the purpose for which it is processed, subject to applicable law.

We may collect personal information directly from you when you:

• create an account
• register as an artist
• submit an artwork
• enquire about an artwork
• purchase an artwork
• sell or consign an artwork
• request art advisory services
• subscribe to communications
• contact us
• submit an enquiry or complaint
• complete a form
• participate in an event or campaign
• communicate with us by email, telephone, social media or other channels
• provide feedback or a testimonial
• otherwise interact with ArtVest

We may also collect information automatically when you use the Platform.

When you access the Platform, we may automatically collect technical and usage information such as:

• IP address
• browser type
• device type
• operating system
• approximate geographic location
• pages visited
• time spent on pages
• referring websites
• links clicked
• search activity
• interaction with website features
• error information
• other technical information generated through use of the Platform

This information may be collected using cookies, pixels, analytics tools, server logs and similar technologies.

We may receive personal information from third parties where legally permitted and reasonably necessary. These third parties may include:

• artists
• galleries
• collectors
• consignors
• buyers
• payment service providers
• delivery and logistics providers
• insurance providers
• professional advisers
• fraud-prevention providers
• identity-verification providers
• compliance and screening providers
• marketing platforms
• analytics providers
• social media platforms
• publicly available sources
• other service providers supporting our business

Where we obtain personal information from a third party, we will process it in accordance with applicable law.

ArtVest may process personal information for the following purposes:

6.1 Providing our services

To:

• operate the Platform
• create and manage accounts
• connect artists and collectors
• facilitate artwork enquiries
• facilitate purchases and sales
• provide art advisory services
• source artworks
• arrange artwork placement
• communicate with clients
• arrange delivery
• provide customer support
• otherwise provide services requested by you

6.2 Processing transactions

To:

• process orders
• process payments
• issue invoices
• verify transaction information
• manage refunds and cancellations
• coordinate delivery
• maintain transaction records
• comply with accounting and tax obligations

6.3 Artist services

Where you are an artist, we may process information to:

• create your artist profile
• display your biography
• display your portfolio
• promote your artworks
• communicate with collectors
• facilitate artwork sales
• administer commissions
• process artist payments
• manage our relationship with you

6.4 Compliance and due diligence

We may process personal information to:

• verify identity
• conduct customer due diligence
• comply with FICA
• conduct sanctions screening
• establish beneficial ownership
• detect fraud
• prevent money laundering
• prevent terrorist financing
• comply with court orders
• comply with legal obligations
• protect ArtVest and other users from unlawful activity

Where required by law, certain information may need to be retained for prescribed periods.

6.5 Improving the Platform

We may analyse usage information to:

• improve the website
• improve functionality
• understand user behaviour
• identify technical problems
• develop new services
• improve user experience
• measure the effectiveness of our services

6.6 Marketing

Subject to applicable law, we may use personal information to communicate with you about:

• new artworks
• artists
• exhibitions
• events
• art-market opportunities
• ArtVest services
• editorial content
• special initiatives
• other information that may be relevant to you

Where consent is required, we will obtain it. You may opt out of marketing communications at any time.

ArtVest processes personal information only where permitted by applicable law. Depending on the circumstances, the lawful basis for processing may include:

• Consent - where you have voluntarily provided consent for a specific purpose
• Contract - where processing is necessary to enter into or perform a contract with you
• Legal obligation - where processing is necessary for ArtVest to comply with a legal obligation
• Legitimate interests - where processing is necessary to pursue a legitimate interest of ArtVest or a third party, provided that your interests and fundamental rights do not override those interests
• Protection of rights and legitimate interests - where processing is necessary to protect ArtVest's rights, property, users or other persons
• Other grounds permitted by POPIA - ArtVest may rely on any other lawful ground recognised under applicable legislation

We do not sell your personal information as a standalone commercial product. We may share personal information where reasonably necessary for the purposes described in this Privacy Policy. Recipients may include:

• artists
• buyers and collectors
• galleries and consignors
• payment processors
• banks and financial institutions
• delivery and logistics providers
• insurers
• technology providers
• hosting providers
• website and analytics providers
• marketing platforms
• professional advisers
• auditors
• accountants
• lawyers
• compliance and verification providers
• fraud-prevention providers
• government authorities
• law-enforcement authorities
• regulators

We will only disclose information to third parties where permitted by law and, where appropriate, subject to contractual confidentiality and data-protection obligations.

ArtVest is a platform designed to facilitate relationships between artists, collectors and other participants in the art market. Where reasonably necessary to facilitate a transaction or service, we may disclose relevant information to the other party.

For example, where you purchase an artwork, information such as your name, contact details and delivery information may need to be provided to the artist, gallery, consignor, courier or logistics provider. Similarly, where an artist lists an artwork for sale, relevant artist and artwork information may be made available to prospective collectors.

We will seek to limit disclosures to information reasonably necessary for the relevant purpose.

Payments may be processed by third-party payment service providers. Where a third-party payment provider processes your payment, your payment information may be collected and processed directly by that provider in accordance with its own privacy policy and terms.

ArtVest does not ordinarily retain complete payment-card information where this is processed directly by an external payment provider. We may retain transaction information such as:

• amount paid
• date of payment
• payment status
• transaction reference
• purchaser information
• invoice information

This information may be retained for accounting, legal, tax, fraud-prevention and business purposes.

Certain art transactions may require ArtVest to conduct identity verification and customer due diligence. Where required by applicable law, we may collect and process information including:

• identity documentation
• passport information
• company registration information
• beneficial ownership information
• residential or business address
• source-of-funds information
• source-of-wealth information
• transaction information
• sanctions-screening information
• other information required for compliance

This information may be shared with appropriate service providers or authorities where legally required or permitted. ArtVest may refuse, delay or suspend a transaction where required compliance information is not provided.

ArtVest may facilitate transactions involving artists, buyers, collectors, service providers or artworks located outside South Africa. Where necessary, personal information may therefore be transferred to or accessed from countries outside South Africa.

Where personal information is transferred across borders, ArtVest will take reasonable steps to ensure that the transfer complies with POPIA and other applicable law. This may include using contractual protections, obtaining consent where required, relying on an applicable legal basis, or ensuring that the recipient provides an adequate level of protection.

ArtVest may use cookies and similar technologies. These may be used to:

• keep the website functioning
• remember preferences
• understand website traffic
• analyse user behaviour
• improve website performance
• personalise content
• measure advertising effectiveness
• support marketing activities

Cookies may be placed by ArtVest or by third-party service providers. You may adjust cookie settings through your browser or through any cookie-management tool provided on the Platform. Disabling certain cookies may affect the functionality of the Platform. A separate Cookie Policy may provide additional information about the specific cookies and technologies used by ArtVest.

ArtVest respects your right to control direct marketing communications. Where electronic direct marketing is subject to consent requirements under POPIA, ArtVest will comply with those requirements. POPIA generally prohibits electronic direct marketing unless the relevant statutory requirements are satisfied, including consent or the applicable existing-customer exception.

Marketing communications may include email, SMS, WhatsApp or other electronic communications where legally permitted. You may unsubscribe from marketing communications at any time by:

• using the unsubscribe link included in an email
• changing your communication preferences
• contacting us at info@artvest.co.za
• following the relevant opt-out instructions

Unsubscribing from marketing communications will not prevent ArtVest from sending transactional or legally necessary communications.

Artists may choose or be required to provide information for publication on the ArtVest Platform. Depending on the circumstances, publicly displayed information may include:

• artist name
• professional biography
• artist statement
• artwork images
• artwork descriptions
• exhibition history
• professional achievements
• social media or website links
• photographs
• other information relevant to the artist's professional profile

Artists should not provide ArtVest with personal information that they do not wish to have published. Where an artist provides information for publication, ArtVest may display that information on the Platform and use it in marketing and promotional materials in accordance with the applicable Artist Terms.

Artwork documentation may contain personal information relating to artists, previous owners, collectors, galleries, estates or other persons. This may include information appearing in:

• certificates of authenticity
• provenance records
• invoices
• exhibition catalogues
• correspondence
• valuation documents
• other supporting documentation

ArtVest will take reasonable steps to avoid publishing unnecessary personal information contained in such documentation. Where appropriate, ArtVest may redact or remove personal information before displaying documentation publicly.

The ArtVest Platform is not intended to encourage children to provide personal information. Where ArtVest processes personal information relating to a child, it will do so only where permitted by POPIA or another applicable law and, where required, with the consent of a competent person.

ArtVest will not knowingly use children's personal information for purposes that are unlawful or inappropriate. POPIA contains specific protections relating to the processing of children's personal information.

ArtVest takes reasonable technical and organisational measures to protect personal information against loss, misuse, unauthorised access, unauthorised disclosure, alteration, destruction and other unlawful processing. Security measures may include:

• access controls
• authentication
• password protections
• secure hosting
• encryption where appropriate
• monitoring
• backups
• staff confidentiality obligations
• third-party security measures

However, no electronic transmission or storage system can be guaranteed to be completely secure.

If ArtVest becomes aware of a security compromise involving personal information, we will take the steps required by applicable law. Where POPIA requires notification to affected data subjects and/or the Information Regulator, ArtVest will make the required notifications.

The Information Regulator provides a dedicated process for reporting personal-information security compromises.

ArtVest will retain personal information only for as long as reasonably necessary for the purposes for which it was collected, unless a longer retention period is required or permitted by law. Retention periods may depend on:

• the nature of the information
• the purpose for which it was collected
• the relationship with the data subject
• contractual requirements
• accounting requirements
• tax requirements
• FICA obligations
• legal claims
• dispute resolution
• regulatory obligations
• applicable statutory retention periods

When personal information is no longer required, ArtVest will take reasonable steps to securely delete, destroy or anonymise it.

Subject to applicable law, you may have the right to:

21.1 Access your information - You may request confirmation as to whether ArtVest holds personal information about you and request access to that information.

21.2 Correct information - You may request that inaccurate, incomplete or outdated personal information be corrected or updated.

21.3 Request deletion - You may request deletion or destruction of personal information in circumstances permitted by law.

21.4 Withdraw consent - Where processing is based on consent, you may withdraw your consent. Withdrawal of consent will not affect the lawfulness of processing that occurred before withdrawal.

21.5 Object to processing - You may object to certain processing of your personal information where permitted by law.

21.6 Object to direct marketing - You may object to the use of your personal information for direct marketing.

21.7 Complain - You may lodge a complaint with ArtVest or, where appropriate, with the Information Regulator.

To exercise your rights or make a privacy-related request, contact:

Information Officer

ARTVEST

Enterprise No.

2025/936855/07

Email

info@artvest.co.za

Telephone

076 735 9824

Address

Daventry court 10 Riviera rd Killarney

Your request should include sufficient information to allow us to identify you and understand your request. ArtVest may need to verify your identity before processing certain requests. We will respond within the period required by applicable law.

Where permitted by law, ArtVest may charge a reasonable fee for certain requests for access to personal information. Where a fee applies, we will notify you before processing the request where required. No fee will be charged where applicable law prohibits such a fee.

If you believe that ArtVest has not dealt with your personal information in accordance with POPIA, you may contact the Information Regulator.

Body

Information Regulator (South Africa)

Website

Information Regulator

Email

enquiries@inforegulator.org.za

Telephone

010 023 5200

The Information Regulator is the independent statutory body responsible, among other things, for monitoring and enforcing compliance with POPIA and PAIA.

The ArtVest Platform may contain links to third-party websites or integrate third-party services. These may include:

• payment providers
• social media platforms
• analytics services
• advertising platforms
• courier services
• cloud-hosting providers
• authentication services
• other technology providers

ArtVest is not responsible for the privacy practices of third parties. You should review the privacy policies of third-party services before providing information to them.

ArtVest may operate social media accounts and may include social-media functionality on the Platform. Interactions with ArtVest through social media platforms may result in personal information being processed by those platforms. Those platforms have their own privacy policies and terms, which will apply to their processing of your personal information.

Where an artist, collector or other person is featured by ArtVest on social media, ArtVest will use personal information in accordance with the applicable consent, contractual arrangement or other lawful basis.

ArtVest may use third-party analytics and marketing technologies to understand how visitors interact with the Platform and to measure marketing campaigns. Depending on the technology used, this may involve processing:

• IP address
• device information
• browser information
• pages visited
• interactions
• approximate location
• referral source
• advertising identifiers

Where required, ArtVest will obtain consent before placing non-essential tracking technologies.

ArtVest may use information to understand user interests and preferences, including preferences relating to artists, artworks or content. For example, we may use website activity to recommend artworks or content that may be relevant to you.

ArtVest will not make decisions producing legal or similarly significant effects based solely on automated processing of personal information except where permitted by POPIA and subject to applicable safeguards.

ArtVest recognises that collectors, artists and other market participants may provide commercially sensitive information. Where information is provided to ArtVest in confidence, we will take reasonable steps to maintain its confidentiality, subject to:

• applicable law
• contractual obligations
• regulatory obligations
• legal proceedings
• fraud prevention
• FICA requirements
• circumstances where disclosure is necessary to provide the requested service

This Privacy Policy does not create an attorney-client, fiduciary or investment-adviser relationship.

If ArtVest undergoes a merger, acquisition, restructuring, sale of assets or other corporate transaction, personal information may be transferred as part of that transaction. Any transfer will be conducted in accordance with applicable law. Where legally required, affected data subjects will be notified.

We may update this Privacy Policy from time to time. Changes may be made to reflect:

• changes in legislation
• regulatory guidance
• changes to our services
• changes to technology
• changes to our business practices
• improvements to our privacy practices

The latest version will be published on the Platform with the relevant "Last updated" date. Where required by law, we will provide additional notice or obtain consent before implementing material changes.

This Privacy Policy is governed by the laws of the Republic of South Africa.

For questions, concerns or requests regarding this Privacy Policy or the processing of your personal information, please contact:

Legal name

ARTVEST

Enterprise No.

2025/936855/07

Information Officer

Matsie Dikotla

Email

info@artvest.co.za

Telephone

076 735 9824

Physical address

Daventry court 10 Riviera rd Killarney

Website

info@artvest.co.za