Effective as of January 31, 2020.
We provide important information for California residents in the NOTICE TO CALIFORNIA RESIDENTS section.
PERSONAL INFORMATION WE COLLECT
Personal information you provide to us. Personal information you may provide to us through the service or otherwise includes:
- Contact data, personal or business contact information such as your first and last name, email and mailing addresses, phone number, professional title and company name.
- Registration data, such as information that you provide to register for an account or sign up for an event, including the day and month of your birth and the event or discount you registered for.
- Data about others for whom you purchase an item or gift, such as name, delivery address and phone number. Please do not purchase a gift for someone or share their contact information with us unless you have their permission to do so.
- Data about children such as name, birth date, height, weight, time, and birth city at the consent of the parent. If this is a gift please consent with the parent of the child before releasing this information.
- Profile data, such as your username and password that you may set to establish an online account with us and your interests and preferences.
- Communications, such as information you provide when you contact us with questions, feedback, survey responses, or otherwise correspond with us.
- Marketing data, such as the email address or contact details that we use to send marketing communications and your preferences for receiving communications about our activities, events, sweepstakes and contests.
- Purchase data, including your order history and information needed to process and fulfill your order, including order details, billing address, and delivery address
Data from other sources
We may also collect information about you from:
- Business partners, such as advertising and joint marketing partners.
- Data providers, such as information services and data licensors.
- Public sources, such as blogs, forums or social media platforms.
Information we obtain from third party platforms.
If you choose to login to the Sites via a third-party platform, such as Google or Facebook, or otherwise connect your account on the third-party platform or network to your account through the Sites, we may collect information from that platform or network. You may also have the opportunity to provide us with additional information via the third-party platform or network, such as a list of your friends or connections and your email address. You can read more about your privacy choices in the “Your Choices” section.
Automatic collection. We and our service providers may automatically log information about you, your computer or mobile device, and your activity occurring on or through the Sites, such as:
- Device data, such as your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, the website you visited before browsing our site, and general location information such as city, state or geographic area.
- Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.
Referrals. Users of the Service may have the opportunity to refer friends or other contacts to us. If you are an existing user, you may only submit a referral if you have permission to provide their contact information to us so that we may contact them.
HOW WE USE YOUR PERSONAL INFORMATION
Service delivery. We may use your personal information to:
- provide, operate and improve the Service, such as to enable you to make purchases of portraits and art that we have listed on the Sites;
- establish and maintain your account on the Service;
- communicate with you about the Service, including by sending you announcements, updates, discounts security alerts, and support and administrative messages;
- provide customer support and maintenance for the Service;
- facilitate your login to the Sites via third party platforms, such as Google and Facebook; and
- enable security features of the Sites, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in.
Direct Marketing. If you are an existing customer of Portraits by Us (for example, if you have placed an order with us), we may use the Personal Data you provided to send you marketing communications about Portraits by Us products or services, where permitted by applicable law (unless you have opted out). In other cases, we ask for your consent to send you marketing information. We may use the information that you provide to us, as well as information from other Portraits by Us products or services, such as your use of Portraits by Us’ website and/or apps, to personalize communications and advertisements regarding our products and services that may be of interest to you. For registered users, this may include data collected from your interactions with our website and/or apps that are associated with your account. You will have the ability to opt-out of our marketing and promotional communications as described in the Your Choices section below.
For research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business.
To create anonymous data. We may create aggregated, de-identified or other anonymous data records from your personal information and other individuals whose personal information we collect. We make personal information into anonymous data by excluding information (such as your name) that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.
To comply with laws and regulations. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
For compliance, fraud prevention and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) audit our internal processes for compliance with legal and contractual requirements; (c) enforce the terms and conditions that govern the Service; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including cyber attacks and identity theft.
With your consent. In some cases we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.
HOW WE SHARE YOUR PERSONAL INFORMATION
Service providers. Companies and individuals that provide services on our behalf or help us operate the Service or our business (such as order fulfillment, shipping, payment processing, customer support, hosting, analytics, email delivery, marketing, database management services, returns processing and risk and fraud mitigation).
Advertising partners. Third party advertising companies that collect information about your activity on the Site and other online services to help us advertise our services, and/or use hashed customer lists that we share with them to deliver ads to them and similar users on their platforms.
Third party platforms. Social media and other third party platforms that you connect to the Service, such as when you use options to access the Service by logging into a social media platform. Please note, we do not control the third party’s use of your personal information.
The public. Other users of the Service and the public, when you disclose personal information for public use. For instance, you may be able to review a product that you purchased, and we will display your name along with the content you submit. We do not control how other users, or third parties use any personal information that you make available to them. Please be aware that any information you post publicly can be cached, copied, screen captured or stored elsewhere by others (e.g., search engines) before you have a chance to edit or remove it.
Professional advisors. Professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate to comply with law or for the compliance, fraud prevention and safety purposes described above.
Business transferees. We may sell, transfer, or otherwise share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets, or in the event of an insolvency, bankruptcy, or receivership.
In this section, we describe the rights and choices available to all users.
Access or update your account information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.
Opt out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions located at the bottom of the email. You may continue to receive service-related and other non-marketing emails. If you receive marketing text messages from us, you may opt out of receiving further marketing text messages from us by replying STOP to our marketing message.
Cookies. Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings.
Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
Privacy settings and location data. Users of our App can disable our access to their device’s precise geolocation in their mobile device settings.
Choosing not to share your personal information. If you do not provide information that we need to provide the Service, we may not be able to provide you with the Service or certain features. We will tell you what information you must provide to receive the Service when we request it.
Third-party platforms or social media networks. If you choose to create an account through or connect the Service with another third-party platform, you may have the ability to limit the information that we may obtain from the third-party at the time you log in to the Service using the third-party’s authentication service or otherwise connect your account. You may also be able to control your settings through the third-party’s platform or service after you have connected your accounts.
OTHER SITES, MOBILE APPLICATIONS AND SERVICES
The Sites may contain links to other websites and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or online services that are not associated with us.
We do not control third party websites or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and online services you use.
The security of your personal information is important to us. We rely on platforms like Shopify who have employed technical and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.
INTERNATIONAL DATA TRANSFERS
Portraits by Us is headquartered in the United States and may have service providers in other countries. Your personal information may be transferred to the United States or other locations outside of your state, province, country, or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction.
HOW TO CONTACT US
Please direct any questions or comments about this Policy or privacy practices to: firstname.lastname@example.org
NOTICE TO CALIFORNIA RESIDENTS
Section effective as of: January 1, 2020
We are required by the California Consumer Privacy Act of 2018 (“CCPA”) to provide to California residents an explanation of how we collect, use and share their Personal Information, and of the rights and choices we offer to California residents with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”).