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Privacy Policy

Effective Date: October 23, 2023

 

At Art by Arr Productions, We respect Your privacy. This Privacy Policy governs Your access and use of the Website, and its associated services and information provided by Art by Arr Productions. This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You access the Website and the voluntary actions you may take during Website visit(s). This Privacy Policy informs You about Your privacy rights and how the law protects You. We use Your Personal Information to provide and improve the service that is Our Website. By continuing to view or use the Website, You agree to the collection and use of information in accordance with this Privacy Policy.

 

Please read Our privacy policy carefully before You begin to use the Website. By viewing or using this Website, its associated services and information, signing up for Our e-mail list, or contacting Us through the form(s) on the Website, You are accepting Our Privacy Policy. If You do not agree to this Privacy Policy, then You must not use this Website.

 

 

Interpretation and Definitions

 

Interpretation

 

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

 

For the purposes of this Privacy Policy:

 

  • "Account" means a unique account created for You to access Our Website or parts of Our Website if/when that feature becomes available.

  • "Art by Arr Productions" (referred to as either "We", "Us" or "Our" in this Agreement) refers to Artbyarr.com

    For the purpose of the GDPR (General Data Protection Regulation), We are the Data Controller.

  • "Country" refers to United States

  • "Cookies" are small files that are placed on Your computer, mobile device or any other device by a Website, containing the details of Your browsing history on that Website among its many uses.

  • "Data Controller", for the purposes of GDPR, refers to Us as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Information.

  • "Device" means any device that can access the Website such as a computer, a cell phone or a digital tablet.

  • "Personal Information" is any information that relates to an identified or identifiable individual. For the purposes of GDPR, Personal Information means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.

  • "Service Provider" means any natural or legal person who processes the information/ data on behalf of Us. It refers to third-party companies or individuals employed by Us to facilitate the Website, to provide the Website on behalf of Us, to perform services related to the Website or to assist Us in analyzing how the Website is used. For the purpose of the GDPR, Service Providers are considered Data Processors.

  • "Usage Data" refers to data collected automatically, either generated by the use of the Website or from the Website infrastructure itself (for example, the duration of a page visit).

  • "Website" refers to ArtByArr.com accessible from: https://www.artbyarr.com

  • "You" (referred to as either "Your" or "User" in this Agreement) means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable. Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as You are the individual using the Website.

 

 

Collecting and Using Your Personal Information

 

Types of Information Collected

 

Personal Information

The Website provides various places for Users to provide information to Us. While Using Our Website, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You.

 

Personally identifiable information may include, but is not limited to:
 

  • E-mail address

  • First name and last name

  • Phone number

  • Address, State, Province, ZIP/Postal code, City

  • Usage Data

 

We collect Personal Information that Users provide through filling out forms on the Website (e.g. e-mail newsletter sign up, digital freebie sign up), communicating with Us via the Website’s ‘Contact’ page form, responding to surveys or quizzes, providing feedback, and providing information when ordering a product or service via the Website if/when that feature becomes available.

 

Usage Data

 

Usage Data is collected automatically when You use the Website.

 

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of Our Website that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

 

When You access the Website by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You Use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

 

We may also collect information that Your browser sends whenever You visit Our Website or when You access the Website by or through a mobile device.

 

Tracking Technologies and Cookies

 

We use Cookies and similar tracking technologies to track the activity on Our Website and store certain information. Tracking technologies Used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Website. The technologies We use may include:

 

  • Cookies or Browser Cookies. A cookie is a small file placed on Your device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of Our Website. Unless You have adjusted Your browser setting so that it will refuse Cookies, Our Website may use Cookies.
     

  • Web Beacons. Certain sections of Our Website and Our e-mails may contain small electronic files known as Web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Us, for example, to count Users who have visited those pages or opened an e-mail and for other related Website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

 

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your Web browser.

 

We may use both Session and Persistent Cookies for the purposes set out below:
 

  • Necessary / Essential Cookies
    Type: Session Cookies
    Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate Users and prevent fraudulent use of User Accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only Use these Cookies to provide You with those services.

     

  • Functionality Cookies
    Type: Persistent Cookies
    Purpose: These Cookies allow Us to remember choices You make when You use the Website, such as liking blog articles, remembering Your login details (if/when Account features become available) or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter Your preferences every time You Use the Website.

     

  • Tracking and Performance Cookies
    Type: Persistent Cookies
    Purpose: These Cookies are used to track information about traffic to the Website and how Users use the Website. The information gathered via these Cookies may directly or indirectly identify You as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device You use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how Our Users react to them.

 

 

Use of Your Personal Information

 

We may use Your Personal Information for the following purposes:
 

  • To provide and maintain Our Website, including to monitor the Usage of Our Website.

  • To manage Your Account: to manage Your registration as a User of the Website if/when that feature become available. The Personal Information You provide can give You access to different functionalities of the Website that are available to You as a registered User.

  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Website.

  • To contact You: To contact You by e-mail, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

  • To provide You with news, special offers and general information about other goods, services and events which We offer that are similar to those that You have already purchased or enquired about unless You have opted not to receive such information.

  • To manage Your requests: To attend and manage Your requests to Us.

  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Us about Our Website Users is among the assets transferred.

  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying Usage trends, determining the effectiveness of Our promotional campaigns and to evaluate and improve Our Website, products, services, marketing, and Your experience.

 

We may share Your Personal Information in the following situations:

 

  • With Service Providers: We may share Your Personal Information with Service Providers to monitor and analyze the use of Our Website, to provide customer, technical, or operational support, to conduct or support marketing, for payment processing, to contact You.

  • For business transfers: We may share or transfer Your Personal Information in connection with, or during negotiations of, any merger, sale of Our assets, financing, or acquisition of all or a portion of Our business to another company.

  • With Affiliates: We may share Your information with Our affiliates, in which case We will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

  • With other Users: when You share personal information or otherwise interact in the public areas with other Users, such information may be viewed by all Users and may be publicly distributed outside.

  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

 

 

Retention of Your Personal Information

 

We will retain Your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will generally store Personal Information until you ask Us to delete it. There are, however, exceptions, as we will retain and use Your Personal Information to the extent necessary to comply with Our legal obligations (for example, if We are required to retain Your information / data to comply with applicable laws), resolve disputes, and enforce Our legal agreements and policies.

 

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Website and services, or We are legally obligated to retain this data for longer time periods.

 

 

Transfer of Your Personal Information

 

Your information, including Personal Information, is processed at Our operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

 

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

 

We will take all steps reasonably necessary to ensure that Your Personal Information is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

 

 

Disclosure of Your Personal Information

 

We do not and will not sell personal information. Under certain circumstances, We may be required to disclose certain Personal Information to comply with legal requirements. Such as if We are required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

 

We may disclose Your Personal Information in the good faith belief that such action is necessary to:

 

  • Comply with a legal obligation

  • Protect and defend the rights or property of the Website

  • Prevent or investigate possible wrongdoing in connection with the Website

  • Protect the personal safety of Users or the public

  • Protect against legal liability

 

If We are involved in a merger, acquisition or asset sale, Your Personal Information may be transferred. We will provide notice before Your Personal Information is transferred and becomes subject to a different Privacy Policy.

 

 

Detailed Information on the Processing of Your Personal Information (Third-Party Disclosure)

 

By submitting Personal Information on or through this Website, You acknowledge that the information You provide may be transferred to the necessary third-party for processing. The third-party Service Providers We use may have access to Your Personal Information. These third-party Service Providers collect, store, use, process and transfer information about Your activity on Our Website in accordance with their Privacy Policies.

 

Website Hosting and Website Analytics

 

We use Wix as Our Website hosting platform. Through their platform, We monitor and analyze the use of Our Website. You can read more about how Wix uses Your Personal Information here:

https://www.wix.com/about/privacy

 

E-mail List / E-mail Newsletter / E-mail Marketing

 

We Use ConvertKit as Our e-mail marketing platform for Our e-mail list and e-mail newsletter. You can read more about how ConvertKit Uses Your Personal Information here: https://convertkit.com/privacy

 

Embedded Content from Other Websites

 

On this Website, We may include embedded content (e.g. videos, images, articles, websites) for content optimization. Embedded content from other Websites acts as if You visited the other Website.

 

We use YouTube video embed. You can read more about how YouTube, who is owned by Google, Uses Your Personal Information here:

https://policies.google.com/privacy

 

We also use ConvertKit as a website embed for our e-mail list sign up form(s). Please see the above e-mail list section for more information.

 

Payments

 

If/when the feature to make purchases on the Website becomes available, We may provide paid products and/or services within the Website. In that case, We may use third-party services for payment processing (e.g. payment processors).

 

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your Personal Information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

 

At this time, We do not use this feature, so no third-parties are involved to be listed.

 

 

Security of Your Personal Information

 

The security of Your Personal Information is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to Use commercially acceptable means to protect Your Personal Information, We cannot guarantee its absolute security.

 

Please note e-mail is not a secure form of communication. Therefore, you use e-mail to communicate at your own risk. Please do not send us Your credit card number, social security number or any other sensitive information via e-mail.

 

By accepting this Privacy Policy, You acknowledge that any of Your personal information may be available on the Internet and that We cannot prevent abuses of Your information by other parties. We will notify You of any known breach of Our security.

 

 

General Data Protection Regulation (GDPR)

 

Legal Basis for Processing Personal Information under GDPR

 

We may process Personal Information under the following conditions:
 

  • Consent: You have given Your consent for processing of Personal Information for one or more specific purposes.

  • Performance of a contract: Provision of Personal Information is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.

  • Legal obligations: Processing Personal Information is necessary for compliance with a legal obligation to which We are subject.

  • Vital interests: Processing Personal Information is necessary in order to protect Your vital interests or of another natural person.

  • Public interests: Processing Personal Information is related to a task that is carried out in the public interest or in the exercise of official authority vested in Us.

  • Legitimate interests: Processing Personal Information is necessary for the purposes of the legitimate interests pursued by Us.

 

In any case, We will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

 

Your Rights Under the GDPR

 

If You are within the European Union, We aim to respect the confidentiality of Your Personal Information and to guarantee You can exercise Your rights under the General Data Protection Regulation (GDPR). Under this Privacy Policy, and by law, You have the right to:

 

  • Request access, update or delete Your Personal Information that We store. If You are unable to perform these actions Yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Information We store about You.

  • Request correction of Your Personal Information that We store. You have the right to have any incomplete or inaccurate information We store about You corrected.

  • Object to processing of Your Personal Information. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to Our processing of Your Personal Information on this ground. You also have the right to object where We are processing Your Personal Information for direct marketing purposes.

  • Request erasure of Your Personal Information. You have the right to ask Us to delete or remove Your Personal Information when there is no good reason for Us to continue processing it.

  • Request the transfer of Your Personal Information. We will provide to You, or to a third-party You have chosen, Your Personal Information in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.

  • Withdraw Your consent. You have the right to withdraw Your consent on Using Your Personal Information. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Website or Our products or services.

 

Data Retention

 

When You subscribe or contact Us through the forms on the Website, We will retain the Personal Information You chose to provide to Us until You ask to delete the information.

 

Exercising of Your GDPR Data Protection Rights

 

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that We may ask You to verify Your identity before responding to such requests. If You make a request, We will try Our best to respond to You as soon as possible.

 

You have the right to complain to a Data Protection Authority about Our collection and Use of Your Personal Information. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

 

 

California Resident Rights

 

The California Consumer Protection Act (CCPA) has additional protections for California residents. Though We do not buy or sell Personal Information of any of its Users, We will honor the request of any California resident that makes any of the following requests:

  • An inquiry as to what Personal Information Company has about the User and what Company does with that information;

  • A request to delete the User’s Personal Information; or

  • A request not to sell the User’s Personal Information.

 

We do not disclose Your information to third-parties for third-party marketing purposes.

 

Do Not Track Requests as Required by California Online Privacy Protection Act (CalOPPA)

 

Some internet browsers offer a “do not track” (DNT) feature. Our Website does not respond to “do not track” signals at this time. However, some third party Websites do keep track of Your browsing activities. If You are visiting such Websites, You can set Your preferences in Your Web browser to inform Websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your Web browser.

 

 

Children Under the Age of 16

 

This Website is not intended for use by children under the age of 16. We do not knowingly collect Personal Information from children under the age of 16. If You are under 16 years old, do not use Our Website or provide any information on this Website, make any purchases through the Website (if/when this feature becomes available), or provide any Personal Information about Yourself to Us. If We learn We have collected or received Personal Information from a child under the age of 16 without verification of parental consent, We will take the necessary steps to delete that information. If You are a parent or guardian and You are aware We may have personal information from or about Your child under the age of 16, please contact Us by using the ‘Contact’ page in the navigation menus of this Website.

 

Links

 

This Website may contain or reference links to other independent third-party Websites. These links are only intended and provided as a convenience. The inclusion of links to third-party Websites does not establish endorsement, sponsorship, approval, verification, or monitoring by Us of these websites or the information contained in the third- party websites. These third-party Websites are not under Our control and We assume no responsibility for Your use of the third-party Website or for the content, terms, or privacy policy of the third-party Website or links contained in the third-party Website. You acknowledge and agree to access any third-party Website at Your own risk. We advise You to review the terms and privacy policy of every other Website You visit.

 

 

E-mail Privacy

 

When You sign up for Our e-mail list or other service on Our Website, You will be asked to provide an e-mail address and possibly other Personal Information or general information if you wish to do so. We aim to keep Your e-mail address and Personal Information confidential. Any general information that is not considered personally identifiable information, (such as correspondence and materials) you send through the Website contact form, or to Us by e-mail, may be kept, used and disclosed, on a non-confidential basis, by Art by Arr Productions. We are free to reproduce or use this information, without restriction, for any purpose — this includes the right to use any ideas, practical knowledge or skill, technique or procedure, contained within such information at Our discretion.

 

If You want to stop receiving any of the marketing e-mail communications from Us (e.g. newsletters, promotional materials), you can opt-out of receiving them by clicking on the Unsubscribe link at the bottom of the e-mail. You can also request to be removed from certain e-mail types, or from our e-mail list by sending Us a message using the ‘Contact’ page in the navigation menus of this Website. We, however, reserve the right to have and maintain a database record of past e-mail subscribers, and to use this information as reasonably needed in Our business and in accordance to the law.

 

 

Changes to this Privacy Policy

 

We reserve the right to modify Our Privacy Policy. Therefore, it is subject to changes at any time. In the case of changes, the effective date at the top of this page will be revised. Changes to this Privacy Policy are effective when they are posted to this page. You can review Our most recent changes on this page. We encourage You to routinely revisit this page for changes when You access Our Website, or engage with Us via Our e-mail newsletter or on social media, in order to stay informed of the most recent Privacy Policy. Your continued viewing and use of Our Website following the posting of changes to Our Privacy Policy constitutes You waive specific notice of and accept the changes made to Our Privacy Policy.

 

Contacting Us

 

If You have any questions or concerns about this Privacy Policy, please contact Us by using the ‘Contact’ page in the navigation menus of this Website.

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