Artist - Privacy Policy

Welcome to KimberlyLeClaireArt - ArtByKimberly - ArtByLeClaireDesigns Privacy Policy!

KimberlyLeClaireArt - ArtByKimberly - ArtByLeClaireDesigns (“we”, “our”, “us”,) respects the privacy of its users and is fully committed to protect their personal data and use it in accordance with data privacy laws. This Privacy Policy describes how we collect, use, and process any personal data that we collect from you—or you provide to us—in connection with your use of our website (www.ArtByKimberly.com or www.ArtByLeClaireDesigns.com and www.ArtByLeClaireDesigns.io) or our mobile apps and our print-on-demand services (collectively, “Services”). By accessing or using our Services, you signify your understanding of the terms set out in this Privacy Policy.

We do not knowingly collect, maintain, disclose, or sell the personal information about users under the age of sixteen (16). If you are under the age of 16, please do not use our Services. If you are under the age of 16 and have used our Services, please contact us at the email address below so that we may delete your personal information.

If you use our Services only for your personal use, you are to be considered as the “User” and for the purpose of the General Data Protection Regulation (“GDPR”) and the UK General Data Protection Regulation (as defined by the UK Data Protection Act 2018 as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019), we are the data controller.
 

Note that while our Services may contain links to other websites or services, we are not responsible for each respective website’s or service’s privacy practices and encourage you to be aware of this when you leave our Services and carefully read the privacy statements of each and every website and service you visit. This Privacy Policy does not apply to third-party websites and services. If you wish to contact KimberlyLeClaireArt - ArtByKimberly - ArtByLeClaireDesigns regarding your personal data or this Privacy Policy, please contact us at leclaire@outlook.com.

1. Information we collect

1.1. Information collected about Users and Merchants and how we use it

Where you are a User and it is necessary to fulfil our contract with you for the purposes of providing, maintaining, or improving our products and Services (including, to the extent permitted by applicable law, any matters in our legitimate interests with respect to the Services), we will confirm your identity, contact you, provide customer support (including via chat, in the comment section of our blog, or other platforms, where you may reach us), operate your account with us and invoice you. For the aforementioned purposes, we collect information that may contain the following personal data:

• Name;
• Company name;
• Shipping information;
• Email address and phone number;
• Payment and billing information (payment method      details, first and last digits of your payment card);
• Order handling information

If you have given your consent when registering your account, when subscribing to our newsletter or blog, or shared your email address or other personal data with us to receive any other information (for example, our list of sub-processors), we will process your email address to send you the informative and/or promotional materials, to which you have subscribed to, for example, newsletters, advertisements of our Services and other information about our Services that you have requested. At any point in time you can unsubscribe from receiving the above-mentioned information in our email footers and through your notification settings on KimberlyLeClaireArt - ArtByKimberly - ArtByLeClaireDesigns. 

We obtain location information you provide in your profile or your IP address. We use and store information about your location to provide features and to improve and customize the Services, for example, for KimberlyLeClaireArt  -ArtByKimberly - ArtByLeClaireDesigns’s internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; for local content, search results, and recommendations; for delivery and mapping services; and (using non-precise location information) marketing.

By using cookies and similar technology on our website, we may collect data such as information on your device, your preferences and information filled while visiting our website, your interaction with the website, and other information used for analytical, marketing, and targeting activities (including unique visits, returning visits, length of the session, actions carried out in the webpage). 

As it is in our legitimate interests to ensure our network security, give you access to and to improve our Services, we also collect the following technical usage data:

• How and when you access your account;
• Information about the device and browser you use;
• IP address and device data.

2. Sharing personal data with third parties

In order for KimberlyLeClaireArt  - ArtByKimberly - ArtByLeClaireDesigns to provide you with our Services, we work with third parties who perform services on our behalf and with whom we share personal data to support our Services (“Service Providers”).

Information you have provided to us during the use of our Services, including technical usage data, is shared for business purposes in our legitimate interests with third parties who provide hosting and server co-location services as well as data and cyber security services.
 

Information you have provided to us during the use of our Services may be shared with third-party manufacturing services whom we engage to provide our Services to you.

Your email address and other contact details you have provided to us and your messages to our customer service is shared for business purposes in our legitimate interests with communication, email distribution, and content delivery services as well as customer support system providers.

Information regarding your purchases and payments is shared with billing and payment processing services, fraud detection and prevention services, accounting and financial advisors, advisors, so that we can provide our Services
to you.

Information regarding your use of our website and other information received from cookies and similar technology is shared with web analytics, session recording, and online marketing services.

If we provide marketing to you, information on your account, purchases and preferences can be shared with marketing services.

Insofar as reasonably necessary to defend our legal rights, we may share your personal data with our legal advisors.

We will only share personal data to Service Providers that have undertaken to comply with obligations set out in applicable data protection laws.

We may share your personal data with our affiliates (companies within our corporate family), in our
legitimate interests for business purposes.

In certain circumstances, we are required to share information with third parties to comply with legal requirements or requests, as well as to protect our, or a third party’s, lawful interests. We will also disclose your information to third parties in and outside your country only to the extent allowed by applicable law, including:

• to a prospective purchaser or purchaser that acquires      all or substantially all of us or our business;
• to a third party in the event that we sell or buy any      business or undergo a merger, in which case we may disclose your      information to the prospective buyer of such business; and
• to a third party if we sell, buy, merge or partner with      other companies or businesses, undergo a re-organization, bankruptcy, or      liquidation; or otherwise undertake a business transaction or sell some or      all of our assets. In such transactions, your information may be among the      transferred assets.

3. Retention periods

We may retain your personal data for as long as you have a KimberlyLeClaireArt  - ArtByKimberly - ArtByLeClaireDesigns account or any of the abovementioned legal bases for personal data processing still exists. For example, if you unsubscribe from our marketing, newsletter, or blog emails, we will stop the processing of the personal data for such purposes. If you have used our Services without creating a KimberlyLeClaireArt  -ArtByKimberly - ArtByLeClaireDesigns account, we will keep your personal data as long as necessary to comply with our legal obligation to retain information relating to provision of services, for example, for tax purposes.

After terminating your relationship with us by deleting your KimberlyLeClaireArt  - ArtByKimberly - ArtByLeClaireDesigns account or otherwise ceasing to use our Services, we may continue to store copies of your personal data as necessary to comply with our legal obligations, to resolve disputes between you to prevent fraud and abuse, to enforce our agreements, and/or to protect our legitimate interests (to the extent that we are permitted by the applicable law to continue to store copies to protect our legitimate interests).

4. Data subject's rights

If you are a User located in the European Economic Area or the United Kingdom, in accordance with European Union and United Kingdom data protection regulations, you have certain rights with respect to your personal data. You have the right to request access to your personal data; in certain circumstances to correct, amend, delete, or restrict the use of your personal data by logging into your KimberlyLeClaireArt  - ArtByKimberly - ArtByLeClaireDesigns account or by reaching us using the contact information provided below. In addition, you can object to the processing of your personal data in some circumstances (in particular, where we are not required to process your data to meet a contractual or other legal requirement). These rights may be limited, for example, if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to retain, are permitted by law to retain, or have compelling legitimate interests in retaining (to the extent that applicable law permits us to retain such information based on our legitimate interests).

Furthermore, if you believe that we have unlawfully processed your personal data, you have the right to submit a complaint to the contact information provided below, or to your respective data protection supervisory authority. 

5. Information security

We seek to use reasonable organizational, technical, and administrative measures to protect the confidentiality, integrity, and availability of personal data. We encourage you to take care of the personal data in your possession that you process online and set strong passwords for your KimberlyLeClaireArt  - ArtByKimberly - ArtByLeClaireDesigns account, limit access to your computer and browser by signing out after you have finished your session, and avoid providing us with any sensitive information.

6. International transfers of data

All the information you provide may be transferred or accessed by our Service Providers parent company in the United States as well as their affiliate companies and subsidiaries in other countries, such as Latvia, Poland, Spain, and the UK for the provision of our Services as described in this Privacy Policy. When we transfer your information globally, we take necessary measures to ensure appropriate protection of your information, including, as applicable, entering into the European Commission’s Model clauses for the transfer of personal data to third countries (i.e., the standard contractual clauses) and any equivalent clauses issued by the relevant competent authority of the UK.

7. Privacy Policy addendum for California residents

Under the California Consumer Privacy Act (“CCPA”), California residents are afforded certain rights about the Personal Information (as such capitalized term is defined under the CCPA) we have collected about them, which we have described in more detail below.

In the chart below, we have described the categories of Personal Information that may be collected and shared.

Categories of Personal Information

Sources of Information

Use of Information

Sharing of Information

Identifiers, including your name, postal address, email   address, and telephone number. 

These data types also include “personal information,” as   the term is defined by Cal. Civ. Code 1798. 

We collect this information directly from you.

We use this information to: provide, maintain, and improve   our products and Services; provide customer support (including via chat, in   the comment section of our blog, or other platforms, where you may reach us),   operate your account with us and invoice you. 

We share this information with Service Providers and   certain other individuals and entities as described in the section above   entitled “Sharing Personal Data with Third Parties.” 

Commercial information.

We collect this information directly from you.

We use this information to process your transactions and   deliver our products to you.

We share this information Service Providers and certain   other individuals and entities as described in the section above entitled   “Sharing Personal Data with Third Parties.”

Internet or other electronic network activity information,   such as IP addresses and cookies. 

We collect this information automatically from your   computer or device.

We use this information to provide, maintain, and improve   our Services and to personalize your online experience.

We share this information with Service Providers and certain   other individuals and entities as described in the section above entitled   “Sharing Personal Data with Third Parties.” 

Audio Information 

We collect this information directly from you.

We use this information to ensure the quality of our   customer support.

Not applicable.

Professional and employment related information. 

We collect this information directly from you.

We collect such information if you apply for a job via our   careers page and use it in connection with processing your application.

Not applicable.

Educational information, such as the information included   in your resume. 

We collect this information directly from you.

We collect such information if you apply for a job via our   careers page and use it in connection with processing your application.

Not applicable.

Rights under the CCPA 

If you are a California resident, the processing of certain personal information about you may be subject to the CCPA. Where the CCPA applies, this section provides additional privacy disclosures and informs you of key additional rights as a California resident. We will never discriminate against you for exercising your rights, including providing a different level or quality of services or denying goods or services to you when you exercise your rights under the CCPA.

Right to Know Request

Under the CCPA, California residents have a right to request information about our collection, use, and disclosure of your personal information over the prior twelve (12) months, and ask that we provide you free of charge with the following information: 

1. the categories of personal information about you that      we collected;
2. the categories of sources from which the personal      information was collected;
3. the purpose for collecting personal information about      you;
4. the categories of third parties to whom we disclosed      personal information about you and the categories of personal information      that was disclosed (if applicable) and the purpose for disclosing the      personal information about you; and
5. the specific pieces of personal information we      collected about you.

Right to Delete Request

Under the CCPA, you also have a right to request that we delete personal information, subject to certain exceptions. 

Right to Opt-Out of the Sale of Personal Information 

You may request that we not sell your Personal Information. Please note, however, that CCPA defines “sale” very broadly, and includes “selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California consumer’s Personal Information by the business to another business or third party for monetary or other valuable consideration.” We use services that help deliver interest-based ads to you and may transfer Personal Information to business partners for their use. Making Personal Information (such as online identifiers or browsing activity) available to these companies is considered a “sale” under the CCPA.

How to Exercise Your Rights

If you are a California resident to whom the CCPA applies, you may contact us to exercise your rights:

Click here to request or delete your data.

Once we receive your request, we will review it, determine whether we can verify your identity, and process the request accordingly. We may need to collect information from you to verify your identity, such as your email address, government issued ID or date of birth. You may make a verifiable consumer request to access your personal information twice per twelve (12) month period. We aim to fulfill all verified requests within 45 days pursuant to the CCPA.  If necessary, extensions for an additional 45 days will be accompanied by an explanation for the delay.

You may designate, in writing or through a power of attorney document, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof that you have authorized them to act on your behalf, and we may need you to verify your identity directly with us.

8. Privacy Policy changes

Any changes we make to this Privacy Policy in the future will be posted on this page. Therefore, we encourage you to check this page frequently from time to time.

9. Contact information

If you have any questions about your personal data or this Privacy Policy, or if you would like to file a complaint about how we process your personal data, please contact us by email by using the contact details below:

KimberlyLeClaireArt  - ArtByKimberly - ArtByLeClaireDesigns

P. BOX 3019

Santa Maria,  CA  93457
United States

art@kimberlyleclaireart.com

The version of this Policy is effective February 27, 2022.