Your privacy is important to us. This Privacy Policy (“Policy”) explains how averyshepherdart.com (referred to hereafter as “we,” “us,” “our,” “averyshepherdart.com”) handle your personal information when you use our website (http://www.averyshepherdart.com), applications and services (referred to hereafter collectively as “Website”). When you use the Website, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Policy.
COLLECTION OF PERSONAL INFORMATION We do not automatically collect personal information when you browse the Website. We only collect personally identifiable information, such as your name, address, telephone number, email address, credit card information and date of birth when you specifically and knowingly provide it to us by registering to create an account, placing an order, completing online forms, opting in to receive our newsletter and promotional offers, or entering a sweepstakes or contest. When you use the website to apply for employment opportunities, we may collect additional personal information such as your resume, employment history, driver’s license and social security number. From time to time, we may collect personal information from third parties such as social networks, advertising networks and data brokers.
AUTOMATICALLY COLLECTED INFORMATION We automatically collect non-personal information about the computer or devices (including mobile devices) you use to access the Website. For example, we may collect and store information such as your browser type, IP address, language, operating system, location of your wireless device (e.g. latitude and longitude), the state or country from which you accessed the Website, unique device identifier (e.g. a UDID or IDFA on Apple devices), the pages you view, the services you use, the date and time of your visit, the websites you visited immediately before and after visiting the Website, error logs and other hardware and software information. We may use third party analytics providers and technologies, including cookies and similar tools to assist in collecting this information. We may use this information to formulate statistical models about use of the Website, enhance the services available through the Website for other users, and to provide you with tailored content and advertising. We may combine automatically collected information with information from third parties that may identify you. We may use the combined information for marketing purposes, to enhance your website experience and as may be described in this Policy.
USE OF YOUR INFORMATION We use your information for the purpose for which you provided it, and we may also use your information for other purposes such as to:
Create and maintain your account or registration;
Enhance the user experience;
Perform research and analytics;
Customize and personalize the content and advertising that you see on the Website;
Respond to and fulfill your request for services (including processing orders);
Determine your eligibility for certain promotions, contests and services; and
Communicate with you by sending you communications related to your account and to alert you of the latest developments and features of the Website.
We use information your provide about someone else when placing an order only to ship the product to that person and to confirm delivery. We use this information to provide the services available on the Website and as described in this Policy.
DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES We may share your information as follows:
We may make information collected through the Website available to affiliated brands that are under common ownership or control as the Website, and with processors, data processors, data brokers, and other companies that provide support services.
We may share information about you with other companies who we believe may have products and services of interest to you so that they market other products and services to you If you would like to opt-out of our sharing of your information with these other companies, please follow the instructions in the “Opting out of Emails and Promotional Communications” section below.
We may share your information with any person or entity where we believe in good faith that such disclosure is necessary to: (a) comply with the law or in response to a subpoena, court order, government request or other legal process; (b) produce relevant documents or information in connection with litigation, arbitration, mediation, adjudication, government or internal investigations, or other legal or administrative proceedings; (c) protect the interests, rights, safety or property of LD Products or others; (d) enforce the Terms of Use on the Website; (e) provide users of the Website with the services they request; (f) provide you with special offers or promotions from us; and (g) If LD Products is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
USE OF COOKIES AND OTHER TECHNOLOGY The Website uses “cookie” technology and similar online tools, such as web beacons and web pixels. “Cookies” are small files that a website stores on a user’s computer or device. The Website uses Cookies to keep the information you enter on multiple pages together. The majority of the cookies that we use are “session cookies” that are automatically deleted from your hard drive after you close your browser at the end of your session. Session cookies are used to optimize performance of the Website and to limit the amount of redundant data that is downloaded during a single session. We also use “persistent cookies” which remain on your computer or device unless deleted by you (or by your browser’s settings). We use persistent cookies for statistical analysis of the Website’s performance to ensure the ongoing quality of the services provided through the Website. We do not use cookies to obtain or retain any personal information about you apart from what you voluntarily provide us. Most web browsers automatically accept cookies, but web browsers can be set to block cookies (consult your browser’s instructions on how to block cookies). Please note that blocking cookies may interfere with your ability to perform certain transactions, use certain functionality, and access certain content on the Website. Our third party partners employ clear gifs (a.k.a. Web Beacons/Web Bugs), images, and scripts that help them better manage content on our site and to perform analytics and statistical services about your use of the Website and other websites tracked by them. We connect the information automatically gathered by cookies and other technology to our Customers’ or Users’ personally identifiable information.
TAILORED ADVERTISING The Website may include third party tailored ad technology from our ad partners which enables customized ads to be displayed to you through the Website and that manages our advertising on other sites. When you use the Website, We or our third party ad partners operating the ad serving technology may use information that is collected through cookies, anonymous identifiers, such as an IDA on iOS devices, web beacons, pixels or clear GIFs to ensure that appropriate ads are presented, to perform analytics concerning your use of the Website and other websites tracked by our ad partners. These technologies also may control the number of times you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns. To the extent any of this information is collected by third parties, you acknowledge and agree that such collection and use is governed by those third parties’ privacy policies and that we are not responsible for the privacy practices of such third parties. If you are interested in more information about tailored ads and your choices to prevent third parties from delivering tailored ads, you may visit the following third party websites: the Network Advertising Initiative Consumer Opt-Out Page by clicking here or the Digital AdvertisingAlliance’s Consumer Opt-Out Page by clicking here. Do Not Track Signals The Website is not designed to respond to “do not track” signals or mechanisms from your web browser.
USER-INITIATED COMMUNICATION From time to time, portions of the Website may enable you to send emails and other types of messages to us or third parties. All such emails, messages and written communications become our property once you submit them. Whenever you choose to initiate these kinds of communications with us, you may be contacted in return.
CUSTOMER REVIEWS We post customer reviews on the Website which may contain personally identifiable information as well as a photo of your product. We may use third-party companies to obtain and manage our customer reviews. Any information, including product and Website reviews, that you choose to provide to such third parties is not covered by this Policy. We encourage you to review such third parties’ privacy policies before providing any personal information.
OPTING IN AND OUT OF PROMOTIONAL COMMUNICATIONS To receive newsletters and other promotional communications by email, users may voluntarily sign up on the Website. From time to time, we may send you email notices or news updates alerting you to new features, products, promotions, services pertaining to our offerings, or other topics that may be of interest to you. If you no longer wish to receive promotional materials from us, you may opt out of receiving these communications by following the instructions included in each newsletter or communication or by emailing us at averyshepherdart@gmail.com. Please note that these opt-out processes take some time to complete, consistent with applicable law. You may also opt-out by utilizing the “opt out” functionality at the bottom of this page. Customers that wish to opt out may do so by entering their email address. You cannot opt out of certain transactional emails, or telephone calls pertaining to your commercial transactions with us. When you provide your telephone number or request to receive alert notifications from us, you are subscribing to receive our updates and alert notifications by text message to the telephone number that you are providing and you are confirming that you own that telephone number. You may opt out of text message communications by following the instructions included with the text messages.
DATA SECURITY We follow generally accepted industry standards to protect the personally identifiable information that we receive from you, while the information is being transmitted and once we receive it. When you provide us with sensitive information (such as credit card information) on our order forms, we encrypt the information so that it is transmitted using accepted industry standards. However, despite our best efforts, no method of transmission over the internet, or method of electronic storage is 100% secure. We encourage you to contact us immediately if you believe that any personally identifiable information that you have provided us is being used contrary to this Policy.
PRIVACY OF CHILDREN Protecting the privacy of children is especially important to us. We do not knowingly market, collect, maintain, or sell any personal information from children under the age of 16. If a parent or guardian believes that we have personal information of a child under the age of 16 in our database, they should contact us immediately at averyshepherdart@gmail.com and we will promptly remove such information from our records.
ACCESSING OR CORRECTING YOUR INFORMATION If your personally identifiable information changes, is inaccurate, or if you no longer wish to use the services offered through the Website, you may notify us by emailing our customer support at averyshepherdart@gmail.com or by contacting us by telephone or mail at the contact information listed below. You may request factual errors to be corrected in your personally identifiable information by sending us a request that credibly shows the errors. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections. We will retain your information for as long as your account is active or as needed to provide you services, or as may be required by law. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at averyshepherdart@gmail.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. California residents have additional rights as outlined in Section 19.
THIRD-PARTY LINKS AND SERVICES The Website may contain links to third-party websites including social networking websites. Your use of these features may result in the collection or sharing of information about you, depending on the feature. Please be aware that we are not responsible for the content or privacy practices of other websites or services to which we link. We do not endorse or make any representations about third-party websites or services. The personal information you choose to provide to such third parties, or that is collected by them, is not covered by this Policy. We strongly encourage you to read such third parties’ privacy policies.
SOCIAL MEDIA FEATURES AND WIDGETS Our Website may include social media features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These features may collect your IP address and other information, such as which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets may be hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.
SINGLE SIGN ON You can log in to our site using sign-in services from third-party companies such as Facebook Connect, LinkedIn, Google, and other Open ID providers. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign-up form. These services may give you the option to post information about your activities on this Website to your profile page to share with others within your network. Utilizing such functionality may result in the collection or sharing of your personal information. By using the Website, you agree that we are not responsible for the privacy practices of the third-parties providing such functionality.
CONTACT US If you have any questions about the Policy, contact us by sending an email to averyshepherdart@gmail.com. You can also call us at (832) 535-2605 or write to us at: Director of Compliance Avery Shepherd Art P.O. Box 17152 Sugar Land, TX 77496 We may record the conversations that our agents or employees have with you by telephone, chat, video conferencing and other mediums. We do this to monitor the quality of service and accuracy of information our agents and employees give to you, to comply with applicable laws, and to ensure that your instructions are followed. No agent or employee is authorized to waive any provisions of any of our policies or procedures. By engaging in conversations with our employees, you consent to our recording and storing of such conversations.
ADOBE MARKETING CLOUD DEVICE CO-OP This website participates in the Adobe Marketing Cloud Device Co-op, which enables participating Adobe Marketing Cloud companies to better recognize their consumers across devices. Each participating company provides the Co-op with automatically collected technical information, such as cryptographically hashed login IDs and HTTP header information. Personally identifiable information (such as name, email address, phone number, etc.) is not shared with the Co-op. The Co-op combines and processes only technical information to recognize when multiple devices are used by the same individual and creates links among those devices. These device links are used by participating companies to link devices they have already seen visit their sites or advertising, and to provide consistent experiences and marketing activities across the devices. Personally identifiable information is not used in determining linked devices. You can learn more about how the Co-op works or opt-out of the Co-op by clicking here. To learn more about Adobe's privacy practices, please visit Adobe's Privacy Center by clicking here.
UPDATES TO POLICY We may amend this Policy at any time by posting the changes on this page. Your continued use of the Website following any changes means you accept such revisions. You should check the effective date of the Policy below and review any changes since the last time you used the website.
CALIFORNIA RESIDENTS The information in this section applies to California residents. Certain terms in this section have the same meanings found in the California Consumer Privacy Act of 2018 (“CCPA”). Under the CCPA, California consumers have the right to request that we, and other businesses of a certain size, disclose what personal information they collect, use, disclose, and sell. Categories of personal information collected about consumers in the preceding 12 months:
characteristics of protected classifications (e.g. gender, age);
Commercial information (e.g. products or services purchased, purchase history);
Internet or other electronic network activity (e.g. browse or search history);
Geolocation data (e.g. latitude and longitude);
Audio, electronic, visual, or similar information (e.g. recording of customer calls, live chat conversations, and movements on the Website);
Inferences drawn from any of the above (e.g. preferences or characteristics)
Categories of sources from which personal information is collected:
The Website;
Consumers directly;
Brands under the same ownership and control;
Third-party websites;
Data Brokers;
Social Media
Business or commercial purpose for selling personal information about customers in the preceding 12 months:
Performing services, including maintaining or servicing accounts, providing customer service, processing and fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, performing analytics services;
Auditing and metrics related to interactions with customers including transactions, ad impressions served to unique visitors, verifying source and quality of ad impressions, and auditing compliance;
Short term use such as for customized ads shown as part of a transaction or website visit;
Website functionality, including debugging, identifying and repairing errors in how the Website functions; and performing security checks;
For research and analytics purposes pertaining to our services and products
Categories of Personal Information Sold in the Preceding 12 Months: Some have taken the position that when a business uses a third party’s cookies or similar technology to for its own analytics or advertising purposes, that the business has engaged in a sale if the third party has some ability to use, disclose or retain the data to improve their service or use it beyond providing the service to the business. If your view is that use of any cookies or similar technology constitutes a “sale” under the CCPA, then you may consider us to have sold the following information during the prior 12 months:
Identifiers (e.g. IP addresses, names, emails, addresses);
Commercial information (e.g. products or services purchased, purchase history);
Internet or other electronic network activity (e.g. browse or search history);
Geolocation data (e.g. latitude and longitude);
Audio, electronic, visual, or similar information (e.g. recording of customer navigation on the Website)
Third parties receiving the information described immediately above include advertising networks, data analytics providers, data brokers, data processors and social networks. Notice of Right to Opt Out of Sale of Personal Information / Do Not Sell My Info You have the right to opt out of the sale of your personal information described above. You may opt out by following the instructions in the subsection below titled “Rights Under the CCPA For California Residents.” Non-Discrimination We will not discriminate against California consumers because you exercise any of your rights under the CCPA. For example, we will not charge you a different price if you request that we disclose the personal information that we may have about you. Financial Incentive Consumers that choose to opt in to receive promotional and marketing materials by providing their email address or phone number may periodically receive coupon codes redeemable on the Website. For example, we may offer a discount to customers when they first opt in to receive our marketing newsletter, and may periodically send coupon codes to opted-in customers. Consumers may opt in to receive the financial incentive by submitting their email address to the “Sign Up and Save To Get Exclusive Offers” by calling our customer service department at 832-535-2605 and request to opt in to receive our newsletter by providing their email address. Consumers may opt out of receiving the financial incentive by entering their email address in the “opt out” by contacting our Customer Service department at 832-535-2605. Requests to opt out of receiving our promotional materials take some time to complete and will be processed in the time frames allowed by applicable law. Rights Under the CCPA For California Residents You have the right to request that we:
Provide you the categories of personal information we have collected or disclosed about you during the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we shared personal information.
Provide access to and/or a copy of the information that we have about you.
Delete certain information that we have about you.
Not sell your personal information.
Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can fulfill your orders or provided services to you and for compliance with applicable law. If you ask us to delete certain information, you may no longer be able to access or use the Website or our services. To exercise any of these rights, please call us at 832-535-2605 or write to averyshepherdart@gmail.com. You will be required to verify your identity before we fulfill your request. You can also mail your requests to us by writing to: Director of Compliance Avery Shepherd Art P.O. Box 17152 Sugar Land, TX 77496
You may also designate an authorized agent to make a request on your behalf. To do so, you must provide us with a written authorization acceptable to us or a power of attorney signed by you, for the agent to act on your behalf. You will still need to verify your identify directly with us.
EFFECTIVE DATE This Policy is effective as of August 1, 2020.
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