Effective Date: December 01, 2021
Roza Goltser Photography LLC (“Artist”, “we”, “us”, or “our”) welcomes you to our website, https://www.rozagoltser.com (including, without limitation, all subdomains, collectively, the “Website”). Your privacy is very important to us, and in order to best protect your information, we have adopted this privacy notice (“Privacy Notice”), which describes the types of information we collect from end users (each, a “User”, “you” or “your”) of the Website, how such information is used, processed and in certain cases disclosed by us, and your rights and choices regarding the information you provide to us. Please read this Privacy Notice carefully prior to accessing, using, or making a purchase through our Website. If you do not agree to abide by this Privacy Notice, please do not use our Website, sign up to receive Artist’s periodic email newsletter (the “Newsletter”), or create an Account to purchase Artwork on the Website.
By accessing and using the Website and/or creating an Account, you are deemed to have read, accepted, executed and be bound by this Privacy Notice, including, without limitation, the information collection, use, and disclosure practices described herein. This Privacy Notice is governed by the Website Terms of Service available here, which includes all disclaimers of warranties and limitations of liabilities. Capitalized terms that are used but not defined in this Privacy Notice have the respective meanings assigned to such terms in the Terms of Service.
1. Information We Collect and Receive
When you access and use the Website, we may collect device and browser metadata such as IP addresses, operating system type and version, date and time of access, the URLs of the pages you visited and for how long you visited those pages, any referrer URL, interactions with user interface, the name of your access provider, and analytics information used by service providers.
To the extent we collect this data, we may use it for the following purposes:
*To ensure a smooth connection to the Website;
*To ensure a great user experience of the Website;
*To evaluate system security and stability; and
*For general administrative purposes.
To make a purchase of Artwork through the Website, you will be asked to provide certain personal information and you will be given the option to register an Account or check out as guest. Upon making a purchase, some or all of the following information may be collected:
*First and last name;
*Payment information (including billing address, phone number, credit card information)
*Or other registration-related information.
To receive the Newsletter, and/or to inquire about Artist’s Services via the inquiry form on the Website, you will be asked to provide certain personal information, including:
*First and last name
2. Use of Information
Generally, we use the personal information we collect from or about you to provide a smooth and secure access to our website, services, and offerings, to ensure a great user experience, to evaluate system security and stability, and for further administrative purposes.
More specifically, we use and process your personal information to:
*Provide customer support;
*Respond to your requests and inquiries;
*Create and manage your account;
*Identify you and potentially improve and/or customize the Website;
*Send you the Newsletter via email;
*Solicit feedback, reviews, and other information regarding your experience with the Website, including, without limitation, with respect to certain features and functionalities that you would like to see on the Website, or that we have recently rolled out onto the Website;
*Enforce our Terms of Service and prevent, detect, and respond to illegal or unauthorized activities;
*Communicate with any suppliers we use to perform any of the above; and
*Comply with the law.
The legal basis for the data processing described in this section is your consent, and also the fulfillment of our obligations and provision of our services.
3. Email Notifications and Opt-Out
We maintain a strict “no-spam” policy. Unless you requested otherwise in your Account settings at the time of your initial registration or specifically opt-out as provided herein, by accepting the Terms of Service and this Privacy Notice, you expressly agree that we may use your information to contact you by email in order to deliver you information that is relevant to your use of the Website such as administrative notices, product/service enhancements or the Newsletter, or that, in some cases, is targeted to your interests, such as information about Artwork on the Website or service/functionalities offerings that we believe you may be interested in learning more about. You may choose to stop receiving these email communications from us by following the instructions included in such communications. If you are having problems unsubscribing, please contact us at firstname.lastname@example.org (including in the Subject line the words “Unsubscribe”), and you will be removed within seven (7) business days. Notwithstanding the foregoing, Users will not be able to opt-out of receiving email communications that are delivered to provide a written record of a purchase of Artwork on the Website.
4. How We Share Your Information
We may share aggregated usage information and may otherwise disclose non-personal information that we collect to third parties. However, absent your prior consent, we will share your personal information with third parties only in the ways that are described in this Privacy Notice, including as set forth below, and we do not otherwise sell your personal information to third parties.
*We may use third parties to outsource one or more aspects of our business and/or Website operations (such as payment processing, shipping of Artwork, customer service functions, data processing, web analytics, and maintenance), in which case, we may provide access to your personal information to such third parties in connection with the performance of such activities. Such third parties will only use your personal information to the extent necessary to perform their functions and will be contractually bound to process your personal information only on our behalf and in compliance with our requests.
*In the event that we undergo re-organization, are sold to or merged with a third party, or sell all or substantially all of our assets, any personal information we hold about you may be transferred to that re-organized entity or third party in compliance with applicable law.
*In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
*In addition to the foregoing, we also reserve the right, and you hereby authorize us, to share or disclose (including, without limitation, to law enforcement agencies, public authorities, governmental departments, or other similar organizations) information we collect, including your personal information, and any other information, records or electronic communications of any kind, when we determine (in our sole discretion), that the disclosure of such information is necessary to identify, contact, or bring legal action against you if:
*you are or may be violating the Terms of Service or this Privacy Notice, or if otherwise necessary to enforce our Terms of Service or other policies governing the Website;
*you are interfering with our or any third party’s rights or property;
*you are violating any applicable law, rule or regulation;
necessary or required by any applicable law, rule or regulation, including a subpoena or similar legal process or request/order;
*necessary or required for purposes of public importance, to protect our rights, protect your safety or the safety of others, investigate security, technical issues or fraud, or respond to a government request; and/or
*requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency;
*necessary to support any audit, or to comply with similar corporate governance functions; or consented to by you.
A more detailed list of the cookies we may use and how we may use them are as follows:
*Security: We may secure the Website with cookies that facilitate security features and allow us to detect activity that might violate our rules and Terms of Service, such as unauthorized access or activity.
*Website Features: We may use certain cookies to provide greater functionality to the Website.
*Performance: We may use performance cookies to help us route traffic between servers and understand how the Website is performing so we can provide users with the best experience possible.
*Analytics and Research: We may use certain cookies and other technologies to help us to understand, improve, and research features and content on the Website.
6. Do Not Track Requests
Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online service you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
7. Links to Third Party Websites
The Website may include links to other websites, mobile applications or services (“Third Party Sites”), whose privacy practices may differ from those set forth herein. Such links are not an endorsement by Artist of those Third Party Sites and/or the products or services they offer. If you visit Third Party Sites or submit Information to any of those Third Party Sites, your visit and information is governed by their privacy statements. We encourage you to carefully read the contents of privacy statements of any Third Party Site you visit, as it may differ substantially from that of this privacy statement. Artist makes no representations or warranties with respect to, nor is Artist responsible for, the privacy policies of any Third Party Sites. If you decide to click on any such links or access any Third Party Sites appearing on the Website, you do so at your own risk.
8. Your Rights
In certain circumstances you have the right to access the personal information that we collect/hold about you and to correct, update, or request deletion of your personal information. Prior to the fulfilment of your request concerning your personal information, we will ask you to verify your identity before we can act upon your request.
You have the following rights:
*The right to require free of charge (i) confirmation of whether we process your personal information and (ii) access to a copy of the personal information retained;
*The right to request proper rectification, removal or restriction of your personal information;
*Where processing of your personal information is either based on your consent or necessary for the performance of a contract with you and processing is carried out by automated means, the right to receive the personal information concerning you in a structured, commonly used and machine-readable format or to have your personal information transmitted directly to another company, where technically feasible (data portability);
*Where the processing of your personal information is based on your consent, the right to withdraw your consent at any time without impact to data processing activities that have taken place before such withdrawal or to any other existing legal justification of the processing activity in question;
*The right not to be subject to any automatic individual decisions which produces legal effects on you or similarly significantly affects you; and
*The right to take legal actions in relation to any breach of your rights regarding the processing of the personal information, as well as to lodge complaints before the competent data protection regulators.
As far as we process your personal information on the basis of our legitimate interests, you can object to processing at any time. You can find a detailed description of our processing activities and the legal basis in the sections above. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your personal information and decide whether to adjust the processing accordingly.
Other California Privacy Rights
Under California’s “Shine the Light” law (Civil Code Section § 1798.83) California residents, once a calendar year, may be entitled to obtain information about personal information that we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information, as well as the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To make such a request, please contact us at email@example.com.
9. Storage of Information
We make no representation or warranty with respect to any duty to permanently store any information you may provide or that we otherwise collect about you. We strive to keep our processing activities with respect to your personal information as limited as possible. In the absence of specific retention periods set out in this Privacy Notice, we will retain the information we collect from or about you only as long as necessary to provide you with the Website or our services, which includes for the duration of, but could extend beyond, your active participation on the Website, or as otherwise set forth in this Privacy Notice, and to the extent set out in this Privacy Notice and as necessary to comply with our legal and/or statutory obligations, resolve disputes, enforce our agreements, and protect our legal rights. Additionally, we may retain indefinitely any aggregated, anonymized, or pseudonymized information which we may collect and maintain, and may from time to time transfer or merge your information collected off-line to our online databases or store off-line information in an electronic format. By using the Website and providing us with information (including personal information), you waive any claims that may arise under your own or any other local or national laws, rules or regulations or international treaties. This Privacy Notice applies to your information for as long as your information is in our possession, even if you terminate or discontinue your use of the Website.
The security of your information is important to us, and we take steps to ensure that your information, both during transmission and once we receive it, is treated securely and in accordance with this Privacy Notice. However, no method of transmission over the Internet is 100% secure, and the complete and absolute security of any information collected, stored or used by us cannot be guaranteed. Although we will do our best to protect your personal information and mitigate the nature of security risks, which are constantly evolving, we cannot guarantee the security of your information transmitted through the Website; any transmission is at your own risk. In the unlikely event that an unauthorized third party compromises our security measures, we will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information.
11. Updates; Notification of Privacy Notice Changes
We may update this Privacy Notice to reflect changes to our information practices from time to time in our sole discretion. If we make any material changes to this Privacy Notice, we will notify you by posting such changes on the Website prior to the change becoming effective. We will also update the “Last Updated” date at the top of this Privacy Notice, which reflects the effective date of such Privacy Notice, and we encourage you to periodically review this Privacy Notice for the latest information on our privacy practices. Once a change becomes effective, your continued use of the Website and/or creation of an Account shall automatically constitute your acceptance of such changes.
12. Contacting Us
In the event that you wish to make a complaint or request concerning your personal information or our privacy practices, or have questions, concerns or comments about this Privacy Notice, please contact us by email at firstname.lastname@example.org and we will endeavor to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with your data protection authority or follow the dispute process set forth in the Terms of Service.