Privacy Policy

ARTBY-KC PRIVACY POLICY

This Privacy Policy (“Privacy Policy”) is between you and Artby-KC.com (“Artby-KC”, “we”, or “us”). This Privacy Policy explains our information practices about the way your information is collected and used when you access our website, www.artby-kc.com (the “Site”), place an order with us, communicate with us, or enroll in our loyalty program. 

1.DEFINITIONS

2.INFORMATION WE COLLECT AND HOW WE COLLECT IT

3.HOW, WE USE INFORMATION

4.WHEN AND WITH WHOM WE MAY SHARE INFORMATION

5.THIRD PARTY DATA COLLECTION

6.CHOICES YOU HAVE TO LIMIT USE AND SHARING OF INFORMATION

7.HOW, WE SECURE YOUR INFORMATION

8.YOUR CALIFORNIA PRIVACY RIGHTS

9.USING OUR SERVICES OUTSIDE OF THE UNITED STATES

10.CHANGES TO THIS PRIVACY POLICY

11.HOW TO CONTACT US

  1. DEFINITIONS. This is what we mean when we use the following terms in this Privacy Policy:
  2. “Information “means the information we collect about you and your interaction with our Site. It includes information you provide to us, information we collect when you shop with us, create an Account, or join our loyalty program. Depending on how it is used or shared, some Information can be PII or De-identified Information, as those terms are defined below.
  3. “Personally, Identifiable Information “or “PII” means information that directly identifies or can reasonably be used to identify a particular individual (for example, email address). PII does not include De-identified Information.
  4. “De-identified Information “or “Anonymous Information “is information that does not directly identify and cannot be reasonably linked to a particular individual. We treat IP addresses and other unique identifiers – such as cookie IDs, advertising IDs and device IDs – as De-identified Information when they cannot reasonably be used to identify a particular individual. We also consider aggregated information and Device Identifiable Information to be De-identified Information.
  5. “Device Identifiable Information “or “DII” is a type of De-identified Information that directly identifies or can reasonably be used to identify a specific browser, device, or group of devices, but does not directly identify and cannot reasonably be used to identify a specific individual.
  6. “Financial Information “means information related to your financial relationship with us, including your payment history and payment information provided to us by our Service Provider, PayPal (“PayPal”)
  7. “Usage and Device Information “means information about your use of the Site, including your accessing, viewing, and downloading of Site content. This includes your activities, your IP address, your browser type, your Internet service provider (ISP), referring exit pages, your operating system or device type, date-time stamps, and related metadata. It also means information about your mobile device collected when the device interacts with the Site, including unique device ID (including MAC ID and other identifiers), device type, device status, device serial number, and information about the settings, configurations, and software on your device.
  8. “Service Provider(s)” means third party vendor(s) that perform services on our behalf in connection with the offering, operation and provision of the Site and the fulfillment of orders. These vendors for example, provide authentication, fraud prevention, payment processing, billing, web hosting, analytics, and advertising and marketing services.
  9. INFORMATION WE COLLECT AND HOW WE COLLECT IT. We collect Information about you and your associated devices when you provide it to us, when you access the Site.
  10. Information You Provide To Us: When you create an account (“Account”), buy our products, enroll in our loyalty program, or otherwise communicate with us, we collect the Information you provide to us, which may include PII, such as your email address, mailing address, and phone number.
  11. Information We Collect When You Access Our Site: When you visit our Site, we and our Service Providers automatically collect Usage and Device Information.
  12. Information We Collect When You Transact with Us: When you transact with us, our Service Provider, PayPal, receives your Financial Information. Your data is stored through PayPal’s databases and the general PayPal application. PayPal stores your data, including your credit card data, which is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only if is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. For more insight, you may also want to read PayPal’s Terms of Service (https://www.paypal.com/us/webapps/mpp/ua/useragreement-full) or Privacy Statement (https://www.paypal.com/en/webapps/mpp/ua/privacy-full).
  13. Information Collected via Cookies, Web Beacons and Similar Technologies: We and our Service Providers use web tracking technologies known as “cookies”, and “Clear GIFs” (also known as “web beacons,” “Internet tags,” “pixels” or “pixel tags”) to collect additional information about your interaction with the Site. A cookie is a small, encrypted computer code added to a file on your computer as a record of your visit. It does not collect or provide your name or any other personal information about you but can be used to recognize your device or computer when you return as a repeat visitor to our Site. Clear GIFs are lines of code that allow websites to summarize overall visitor usage patterns and to provide personalized services.
  14. Information collected from Children. We do not knowingly solicit children to purchase or use our services or products and do not knowingly collect PII from anyone under the age of 13. To create an Account, an individual must be at least 13 years of age. If you believe that we might have any PII from a child under 13, please contact us at info@artbykc.com
  15. HOW WE USE INFORMATION. We use the Information we collect for legitimate business activities, including: 1) to provide and improve the Site, 2) to fulfill your order; 3) to communicate with you, and 4) for advertising and marketing purposes.
  16. To Provide and Improve the Site and Fulfill Your Order. We use the Information we collect to conduct business activities related to fulfilling your order, including:1) establishing your Account; 2) measuring credit and payment risk; 3) facilitating billing and collections functions and obligations; 4) authenticating access to your Account; 5) account and loyalty program administration; 6) order delivery; 7) improving our products and identifying and developing new products and services; 8) internal analytics and reporting; 9) collecting fees and charges; 10) protecting our rights, our personnel, and our property; and 11) complying with applicable law.
  17. To Communicate with You. We also use the Information we collect to deliver and personalize our communications with you. For example, we may use the Account information you provide us to inform you of order updates, shipping status updates, loyalty program information, or other transactional communications.
  18. For Advertising and Marketing. We also use the Information we collect to send you promotional communications for our products and services we think may be of interest to you. You may opt-out of some marketing communications from us as outlined in Section 5 below. 
  19. Use of De-identified Information. Our collection, use, and disclosure of De-identified Information is subject to our discretion and is not subject to any of the restrictions in this Privacy Policy.
  20. WHEN AND WITH WHOM WE MAY SHARE INFORMATION. We only disclose PII as described in this Privacy Policy. We may share your Information with the following types of parties:
  21. Authorized Parties With Your Consent. We may disclose PII about you to third parties with your consent. For example, when you submit an order for delivery, you are implicitly consenting to our sharing your Information with our shipment provider to fulfill your order.
  22. Service Providers. We may share your PII with our Service Providers. For example, we may use third party analytics services to collect data about usage of our Site. In addition, our Site is hosted on A2Hosting. PayPal is a Service Provider that provides us with the e-commerce services, including credit card processing, and marketing and analytics services. We may also share your PII with Facebook to facilitate marketing and advertising services.
  23. ArtBy-KC Employees, Agents, and Affiliates. We may share Information, including PII, with our employees, agents, and affiliates. We may also share Information, including PII, in the event of a merger, acquisition or sale or all, or components of, our business. When we do this, those employees, agents, and affiliates will use and protect your Information in a manner that is consistent with this Privacy Policy.
  24. Lawful Disclosures. You acknowledge and agree that we may disclose your PII if we are required to do so by law or if we have a good faith belief that such disclosure is reasonably necessary: 1) to comply with applicable law, a subpoena, court order or other legal process; 2) to investigate violations of this Privacy Policy, or other contracts we have with you; 3) to respond to claims that any content violates the rights of third parties; 4) to respond to your requests for customer service; and 5) to protect the rights, property, or personal safety of the public. We may also disclose PII to law enforcement agencies in emergency circumstances, where the disclosure of such information is consistent with the types of emergency disclosures permitted or required by law.
  25. CHOICES YOU HAVE TO LIMIT USE AND SHARING OF INFORMATION.

Emails. When you create an Account, you may receive certain emails: (1) We may send you newsletters and other emails about new or upcoming products, services, or offers. If you decide you no longer wish to receive these emails, you may opt-out as instructed in each email or in your Account settings. We may also, from time to time, send you other emails concerning your Account status. You may not opt-out of receiving these transactional emails.

Please note, you opt-out preferences may not take effect immediately and do not retroactively apply to existing advertising/promotional messages or campaigns.

  1. HOW WE SECURE YOUR INFORMATION. We employ physical, electronic, administrative, and procedural safeguards to protect your Information, including PII. Despite these measures, we do not guarantee the security of Information stored in our database or that unauthorized parties will not intercept Information you send or receive over the internet. As a shared resource, the internet subjects our services and you to the risk of unauthorized access to files and data, even when security measures are implemented.
  2. YOUR CALIFORNIA PRIVACY RIGHTS.
  3. a. CCPA – Based on the current applicability of the California Consumer Protection Act (CCPA), the CCPA does not apply to us. We do not “Sell” (as defined under the CCPA) the PII of any of our customers.
  4. Shine the Light Law (Cal. Civ. Code § 1798.83). A separate California law requires that we provide CA Residents with notice and choice with respect to the disclosure of their personal information to third parties for marketing purposes. We provide this notice in Sections 4.b above. This satisfies our obligation to otherwise maintain or furnish users with a list of the names and addresses of third parties who receive PII from us for marketing purposes. If you are a CA resident who wishes to opt-out of such sharing, please email Info@artby-kc.com. All requests should be labeled “Your California Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights” and include the email address associated with your Account.
  1. USING OUR SERVICES OUTSIDE OF THE UNITED STATES. This Privacy Policy is intended to cover the collection of information on or via our Site from residents of the United States. If you are accessing our Site from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located, and our central database is operated. The data privacy and protection laws of the United States might not be as comprehensive as those in your country. By accessing our Site, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy, and you consent to such transfer.
  2. CHANGES TO THIS PRIVACY POLICY. We may change this Privacy Policy at any time. We will notify you of material changes by posting the revised Privacy Policy on the Site. We encourage you to periodically review the Privacy Policy to inform yourself of any changes. The revised Privacy Policy will be effective on the date it is posted unless the revised notice states otherwise. You understand and agree that, if you access the Site after the effective date of the updated Privacy Policy, we will consider your use as acceptance of the updated Privacy Policy. If we make material changes that will result in a new use, disclosure, or permission of access to PII previously collected, we will obtain your appropriate consent before implementing such change as required by applicable law.
  3. HOW TO CONTACT US.

Please contact us if you have any questions about this Privacy Policy:

Artby-KC
7N Bay Green Lane
Port Washington, NY 11050 

Email: Info@ArtbyKC.com

Effective: July 24, 2021