This Policy sets out the rules applied by Artbidy to prevent money laundering and terrorist financing and to fulfil its obligations relating to restrictive measures and financial sanctions.
This Policy constitutes public information for Artbidy Customers and business partners. It does not replace Artbidy’s internal AML/CFT procedure and does not disclose the detailed control methods or operational criteria applied by Artbidy.
a) by email: contact@artbidy.com,
b) by telephone: +48 604 238 369.
a) the Polish Act of 1 March 2018 on Counteracting Money Laundering and Terrorist Financing, as amended, hereinafter referred to as the “AML Act”,
b) applicable national and European Union provisions concerning restrictive measures and financial sanctions,
c) Regulation (EU) 2016/679 of the European Parliament and of the Council, hereinafter referred to as the “GDPR”, and applicable Polish data protection legislation.
a) identify and verify the identity of Customers, persons acting on their behalf and Beneficial Owners,
b) establish the purpose and intended nature of a business relationship or transaction,
c) identify and assess the risk of money laundering and terrorist financing,
d) monitor transactions and clarify unusual transactions,
e) prevent Artbidy, its auctions, gallery sales, consignment sales, private sales or other services from being used for unlawful purposes,
f) fulfil Artbidy’s obligations towards the General Inspector of Financial Information and other competent authorities.
a) a buyer,
b) a bidder,
c) a seller,
d) a consignor,
e) a person commissioning a private sale or purchase,
f) a person using intermediary services,
g) a person on whose behalf or for whose benefit a transaction is actually carried out.
a) in relation to a transaction covered by the AML Act concerning an AML Object with a value equal to or exceeding the equivalent of EUR 10,000, regardless of whether the transaction is carried out as a single operation or through several Linked Transactions,
b) when establishing or continuing a business relationship covered by the AML Act,
c) in relation to real estate agency services – in the circumstances specified in the AML Act,
d) where there is a suspicion of money laundering or terrorist financing,
e) where there are doubts concerning the truthfulness, validity or completeness of previously obtained identification data.
a) a risk assessment,
b) the need to apply sanctions,
c) fraud prevention,
d) the need to determine the provenance or legal status of an object,
e) transaction security,
f) the need to determine whether individual operations are linked.
a) identify the Customer and verify their identity,
b) identify a person acting on behalf of the Customer and verify their identity and authority to act,
c) identify the Beneficial Owner, verify their identity and determine the Customer’s ownership and control structure,
d) obtain information concerning the purpose and intended nature of the business relationship or transaction,
e) establish the source of the funds intended for the transaction,
f) where required by law or justified by risk, establish the source of wealth of the Customer or Beneficial Owner,
g) verify PEP status,
h) verify whether the Customer, their representatives or Beneficial Owners appear on applicable sanctions lists,
i) examine whether a transaction is consistent with Artbidy’s knowledge of the Customer, their business and risk profile,
j) establish the provenance of an object, the seller’s legal title, ownership history, method of acquisition, authenticity and any restrictions on its trade or export,
k) monitor the business relationship and keep the information and documents held up to date.
a) identity documents,
b) registration documents,
c) powers of attorney,
d) the Polish Central Register of Beneficial Owners,
e) other public registers,
f) electronic identification means,
g) information obtained from payment service providers,
h) sanctions lists,
i) other reliable and independent sources.
a) creating or maintaining a Customer account,
b) admitting a Customer to an auction,
c) accepting an absentee, online or telephone bidding instruction,
d) accepting an object for sale,
e) concluding or performing a consignment agreement,
f) concluding or performing a sales agreement,
g) accepting payment,
h) releasing or shipping an object,
i) paying funds to a seller or consignor.
a) their full name,
b) citizenship,
c) their Polish Personal Identification Number (PESEL) or, where no PESEL number has been assigned, their date and country of birth,
d) the series and number of their identity document and information concerning its validity,
e) residential address,
f) contact details,
g) tax residence information, where required,
h) in the case of a natural person conducting business activity – the registered business name, Tax Identification Number (NIP) and address of the principal place of business.
a) its name or registered business name,
b) legal form,
c) registered office or business address,
d) Tax Identification Number (NIP),
e) where no NIP has been assigned – the country of registration, name of the relevant register, registration number and registration date,
f) current registration documents,
g) documents setting out its rules of representation,
h) details of the person representing the Customer,
i) a document confirming the representative’s authority to act,
j) information and documents concerning the ownership and control structure,
k) information concerning Beneficial Owners,
l) confirmation of registration or an extract from the relevant beneficial ownership register.
a) a declaration concerning the Beneficial Owner,
b) a declaration concerning PEP status,
c) information on whether the Customer acts in their own name and on their own account,
d) information concerning the person financing the transaction,
e) information concerning the person who is to receive the object or the proceeds from its sale,
f) information concerning any person who otherwise benefits from the transaction,
g) documents concerning the source of funds,
h) documents concerning the source of wealth,
i) documents concerning the provenance of and legal title to the object.
a) bank confirmation or account documentation,
b) a sales agreement,
c) an inheritance document,
d) a donation agreement,
e) a loan or credit agreement,
f) a document confirming the payment of a dividend,
g) a document confirming income,
h) another document confirming the lawful source of the funds or wealth.
a) an invoice,
b) a sales agreement,
c) proof of purchase,
d) an inheritance document,
e) a donation agreement,
f) a certificate of authenticity,
g) provenance confirmation,
h) ownership history documentation,
i) import or export documentation,
j) another document confirming the right to dispose of the object.
a) the type of Customer,
b) the Customer’s ownership and control structure,
c) the countries and geographical areas connected with the transaction,
d) the type of object,
e) the type of service,
f) the value of the transaction,
g) the manner in which the transaction is carried out,
h) the communication channel used to contact the Customer,
i) the payment method,
j) the source of funds,
k) the source of wealth,
l) the provenance of the object,
m) the purpose and frequency of transactions.
a) an opaque or excessively complex ownership structure,
b) acting through an undisclosed intermediary,
c) payment by a third party,
d) payment of funds to a third-party account,
e) cash payments,
f) an unusual settlement method,
g) a connection with a high-risk country,
h) a connection with a sanctioned country, person or entity,
i) PEP status,
j) the absence of a reliable ownership history for an object,
k) a high-value private sale,
l) the absence of an apparent legal or economic justification for the transaction,
m) an attempt to artificially divide a transaction or payment.
a) obtaining additional information about the Customer or Beneficial Owner,
b) obtaining additional information concerning the transaction or object,
c) obtaining additional documents concerning the source of funds or source of wealth,
d) carrying out additional verification using independent sources,
e) obtaining the approval of the person responsible for AML before establishing or continuing a business relationship,
f) requiring the first or entire payment to be made from a bank account held in the name or registered business name of the verified Customer,
g) enhanced monitoring of the transaction or business relationship,
h) in-person verification of the Customer,
i) the use of a secure electronic identification method.
a) obtaining appropriate approval to establish or continue the business relationship,
b) establishing the source of wealth,
c) establishing the source of funds used in the transaction,
d) conducting enhanced monitoring of the business relationship.
a) applicable law,
b) a risk assessment,
c) the value of the transaction,
d) transaction security,
e) an inability to establish the source of funds.
a) release of an object,
b) shipment of an object,
c) transfer of ownership or possession of an object,
d) payment of proceeds to a seller or consignor
until the required verification has been completed and the settlement has been confirmed.
a) a refusal to provide information,
b) the absence of required documents,
c) the provision of illegible or unreliable documents,
d) unresolved discrepancies,
e) reasonable doubts concerning the truthfulness of the information provided,
f) an inability to identify the Beneficial Owner,
g) an inability to establish the source of funds or source of wealth where required,
Artbidy takes the actions required or permitted by law.
a) refuse to establish a business relationship,
b) refuse to carry out an occasional transaction,
c) refuse to register a Customer for an auction,
d) refuse to accept an instruction or bid,
e) refuse to process a purchase,
f) refuse to accept a payment,
g) refuse to release an object,
h) withhold payment until the matter has been clarified,
i) terminate an existing business relationship,
j) determine whether a notification must be submitted to the General Inspector of Financial Information or another competent authority.
a) an unacceptable level of risk,
b) applicable sanctions,
c) suspected fraud,
d) the absence of a reliable legal title to the object,
e) suspected criminal origin of the object,
f) a risk of violating provisions concerning trade in cultural property,
g) a risk of violating provisions concerning the export of the object.
a) complex,
b) unusually high in value without justification arising from the circumstances,
c) conducted in an unusual manner,
d) lacking an apparent legal or economic justification,
e) inconsistent with Artbidy’s knowledge of the Customer,
f) raising doubts concerning the source of funds or the provenance of the object.
a) provides the General Inspector of Financial Information with the required information or notifications,
b) makes documents and information available to competent authorities,
c) complies with requests and decisions issued by competent authorities,
d) suspends the execution of a transaction,
e) refrains from making funds or other assets available.
a) refuse to conduct the transaction,
b) suspend the execution of the transaction,
c) freeze or refrain from making funds or economic resources available,
d) provide information to the competent authority,
e) take any other actions required by law.
a) the fact that particular information or a notification has been submitted to the General Inspector of Financial Information,
b) details of conducted analyses,
c) information concerning actions taken by competent authorities,
d) information whose disclosure is prohibited by law.
a) by email: contact@artbidy.com,
b) by telephone: +48 604 238 369.
a) identification data of the Customer, representative and Beneficial Owner,
b) contact details,
c) information contained in identity documents,
d) information contained in registration documents,
e) information concerning ownership and control structures,
f) information concerning Beneficial Owners,
g) information concerning PEP status,
h) sanctions screening results,
i) transaction and payment information,
j) bank account information,
k) information concerning the source of funds or source of wealth,
l) information concerning an object, its provenance, ownership history and legal title,
m) risk assessment, analysis and verification results.
a) directly from the Customer or their representative,
b) from public registers,
c) from transaction documents,
d) from payment service providers,
e) from reliable verification databases,
f) from sanctions lists,
g) from publicly available sources,
h) to the extent permitted by law, from other participants in the transaction.
a) performance of a contract or taking steps prior to entering into a contract, pursuant to Article 6(1)(b) of the GDPR,
b) Artbidy’s legitimate interests, pursuant to Article 6(1)(f) of the GDPR, consisting of fraud prevention, protection of rights and transaction security.
a) the General Inspector of Financial Information,
b) the Polish National Revenue Administration,
c) law enforcement authorities,
d) public prosecutors,
e) courts,
f) supervisory and sanctions authorities,
g) payment service providers,
h) providers of identification and AML verification tools,
i) IT and data storage service providers,
j) legal and tax advisers and auditors bound by confidentiality obligations.
a) access their personal data,
b) rectify their personal data,
c) restrict the processing of their personal data,
d) lodge a complaint with the President of the Polish Personal Data Protection Office.
a) provide information and documents that are true, complete, current and not misleading,
b) promptly inform Artbidy of any change to previously provided information,
c) inform Artbidy of changes in representation, ownership structure or Beneficial Owners,
d) inform Artbidy of any change in PEP status,
e) cooperate in clarifying discrepancies and the circumstances of a transaction,
f) disclose whether they act in the name, on behalf or for the benefit of another person,
g) disclose whether the transaction is financed by another person,
h) refrain from using third-party accounts, funds or documents without informing Artbidy in advance,
i) refrain from taking any steps intended to circumvent verification, sanctions, limits or legal obligations.
a) refusal to establish a business relationship,
b) refusal to carry out a transaction,
c) termination of the business relationship,
d) actions required under applicable law.
a) the General Inspector of Financial Information,
b) courts,
c) law enforcement authorities,
d) public prosecutors,
e) tax authorities,
f) supervisory or sanctions authorities,
g) payment service providers,
h) verification service providers,
i) other authorised recipients,
where the disclosure is required by law or necessary to conduct the transaction.
a) applicable law,
b) a risk assessment,
c) transaction security,
d) the need to establish the source of funds or the provenance of an object.
a) the Website Terms and Conditions,
b) the Auction Terms and Conditions,
c) the terms and conditions of a particular auction,
d) a consignment agreement,
e) a sales agreement,
f) an intermediary agreement,
g) individual terms of a transaction.
a) changes in applicable law,
b) new guidance issued by competent authorities,
c) changes to Artbidy’s business model,
d) changes to available payment methods,
e) changes to the manner in which services are provided,
f) changes in the identified risk of money laundering or terrorist financing.