Privacy Policy

Effective Date: June 12, 2025

1. Our Commitment to Your Privacy

Welcome to www.agam.art. This Privacy Policy outlines the unwavering commitment of Outer Aspect IP Limited ("we", "us", "our") to protecting the personal information of our valued clients ("you"). Operating from Auckland, New Zealand, we adhere strictly to the principles of the New Zealand Privacy Act 2020 and the high standards of discretion our clients expect. This policy details how we collect, use, protect, and handle your personal information.

2. Application of this Policy

This policy applies to all personal information collected from users of the www.agam.art website, platform, and associated services. By accessing our platform and using our services, you consent to the collection, use, and disclosure of your information in accordance with this policy.

3. The Information We Collect

We collect information that is necessary to provide a secure, exclusive, and legally compliant auction environment. The types of information we collect include:

• Identity Verification Information: Government-issued identification (such as a passport or driver's licence) and other details required to verify your identity.
• Financial Capacity Information: Information or references that allow us to verify your financial capacity to participate in our auctions.
• Contact Information: Your name, email address, physical address, and telephone number.
• Transaction Information: Records of your bids, acquisitions, payments, and transaction history on the platform.
• Communications: Records of any correspondence and communications you have with us.
• Technical Information: IP address, browser type, device information, and browsing behaviour collected through cookies and similar technologies.

4. How and Why We Use Your Information

Your personal information is used only for specific, lawful, and necessary purposes:

• To Provide Our Services: To operate the auction platform, process your registration, manage your account, process bids and payments, and facilitate the transfer of artworks.
• To Comply with New Zealand Law: To conduct mandatory customer due diligence and verify your identity as required by the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act).
• To Ensure Platform Integrity: To vet and approve bidders, ensuring a secure and trusted environment for all participants.
• To Communicate With You: To respond to your enquiries, provide customer support, and send important notices regarding transactions or our services.
• To Enforce Our Agreements: To enforce the terms of our Mutual Buyer Confidentiality Agreement (BCA) and our auction Terms and Conditions.
• To Improve Our Platform: To analyse technical data to improve the security, functionality, and user experience of our platform.

We will never use your personal information for marketing purposes without your explicit consent.

5. Disclosure of Your Information

Your privacy is paramount. We do not sell or rent your personal information. We will only disclose your information in the following limited and controlled circumstances:

• Service Providers: Trusted third-party service providers who assist us in operating our platform (such as payment processors or secure data hosting services), who are themselves bound by strict confidentiality and data protection obligations.
• Legal & Regulatory Compliance: Where we are legally compelled to do so by a New Zealand court of law or a government authority, or where disclosure is necessary to comply with our duties under the AML/CFT Act.
• Enforcement of Rights: To our professional advisors (lawyers, accountants) for the purpose of obtaining advice or enforcing our legal rights.
• Sale of Business: In the event of a sale, merger, or transfer of substantially all of our business assets, your information may be transferred to the acquiring entity, which will be required to honour the commitments made in this Privacy Policy and our BCA.

6. International Data Transfers

We may use third-party services (such as secure cloud hosting providers) that store or process your data outside of New Zealand. Where we do so, we will ensure that your information is protected by one of the safeguards required by the Privacy Act 2020, such as ensuring the destination country has comparable privacy laws or that the service provider is bound by model contractual clauses that protect your information to a standard equivalent to New Zealand law.

7. Data Security and Retention

We employ robust technical, administrative, and physical security measures to protect your personal information from loss, misuse, and unauthorised access or disclosure. These measures include end-to-end encryption, strict access controls, and regular security audits.

We retain your personal information only for as long as is necessary to fulfil the purposes for which it was collected and to comply with our legal obligations (including record-keeping requirements under the AML/CFT Act and New Zealand tax law). Once no longer required, your personal information is securely and permanently destroyed.

8. Your Rights

Under the New Zealand Privacy Act 2020, you have the following rights regarding your personal information:

• Right to Access: You have the right to request a copy of the personal information we hold about you.
• Right to Correction: You have the right to request that we correct any information about you that is inaccurate.

To exercise these rights, please contact our Privacy Officer using the details below. We will respond to your request in accordance with the law.

9. Cookies and Tracking Technologies

Our website uses cookies—small text files stored on your device—to enhance your user experience. We use them to maintain your session, secure your account, and gather anonymous analytics about platform usage. You can control cookie preferences through your browser settings.

10. Contacting Our Privacy Officer

For any questions about this Privacy Policy or to exercise your privacy rights, please contact our designated Privacy Officer:

Privacy Officer
Outer Aspect IP Limited
3 Neales Road, East Tamaki, 2013, Auckland, New Zealand
[email protected]

11. Policy Updates

We may update this Privacy Policy from time to time to reflect changes in our practices or the law. The "Effective Date" at the top of this policy will indicate the latest revision. We encourage you to review it periodically.