Privacy
Denise Castro Prints. ("DC") is committed to protecting your privacy and providing transparency about our information collection, use, and disclosure practices. This Privacy Policy applies to the collection of information through our website, www.denisecastrophoto.com, mobile application, and any other online services owned or controlled by DC that link to this policy. It also covers any offline information collected in connection with the Site. By using or accessing the Site, you agree to the terms of this Privacy Policy. Note that some features or services referenced in this policy may not always be available on the Site.
1. INFORMATION COLLECTION
Information You Provide to Us
Personal Information: During your use of the Site, we may gather information that can identify you as an individual and be used to contact or locate you ("Personal Information"). This includes your name, email address, postal address, shipping address, phone number, and your purchase history on our Site. Additionally, if you allow access to the photographs stored on your mobile device through our mobile application, some of those photographs may also be personally identifiable. Furthermore, you may provide us with your email address or other personal information offline. If you register through a social media account such as Shopify, Facebook Connect or Google Connect, we collect information in accordance with the privacy policy of the platform you used to register, which is outlined in the Social Media section below.
Payment Information: When you make purchases on our Site, we will collect payment information such as your payment card details, Shopify, PayPal, Square or other financial account information, and billing address. Please note that a third-party payment processor will collect this information on our behalf, and we will not store your credit card details.
Non-Identifying Information: During your use of the Site, we may collect additional information from you, such as your ZIP code, and other details about how you use the Site ("Non-Identifying Information"), as well as any information you provide in response to surveys. If Non-Identifying Information was combined with other identifiers that could identify you, such as your name, it would be considered part of your Personal Information. We may merge your Personal Information with Non-Identifying Information, and we will handle the combined information as Personal Information.
General Audience Site: The Site is intended for a general audience and we are committed to not collecting Personal Information from children who are under 13 years of age. If we become aware that we have collected Personal Information from a child under the age of 13, we will take reasonable steps to delete such information from our records.
Information Received from Third Parties
We may also obtain information about you from third-party sources. This can include information from outside records, or information provided by third parties in connection with a co-marketing agreement or at your request (for example, if you choose to sign in using a third-party service like Shopify or Facebook). If we combine this information with Personal Information that we collect through the Site, we will treat the combined information as Personal Information in accordance with our Privacy Policy.
Information Collected from Users Automatically
Whenever you access or interact with the Site, we and our third-party service providers (including advertisers, analytics, and third-party content providers) may automatically collect specific information from you. This information may include, but is not limited to, the browser and operating system you are using, the URL or advertisement that referred you to the Site, the search terms you used to find the Site, the pages you visited on the Site, and other information commonly shared when browsers communicate with websites.
Furthermore, we collect information such as the Internet Protocol ("IP") address or another device identifier ("Device Identifier") for any device (such as a computer, mobile phone, or tablet) used to access the Site. A Device Identifier is a number assigned to your device automatically, and our servers identify your device by this number. Some mobile service providers may also provide us or our third-party service providers with information about the physical location of the device used to access the Site. If this information is connected to your Personal Information, we will consider it to be Personal Information under this Privacy Policy.
The Technology Used to Collect Information Automatically from DC Users May Include the Following:
Cookies: Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use both persistent cookies that remain on your computer or similar device (such as to save your registration ID and login password for future logins to the Site and to track your compliance with any of our policies) and session ID cookies, which expire at the end of your browser session (for example, to enable certain features of the Site, to better understand how DC users interact with the Site and to monitor aggregate usage by DC users and web traffic routing on the Site). You may be able to instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all functionality of the Site.
Web Beacons: We may also employ software technology known as “web beacons” or “tracking tags” to help us keep track of what content on our Site is effective and to serve relevant advertising or products to you. Web beacons are small graphics with a unique identifier that may be invisible to you, and which are used to track the online activity of Internet users. Web beacons are embedded in the web pages you review or email messages you receive. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Site, to monitor how DC users navigate the Site, to count how many emails that were sent were actually opened, or to count how many particular articles or links were actually viewed.
Embedded Scripts: An Embedded Script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Site. In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf
How We Respond To Do Not Track Signals
Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online services 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, DC does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com
Community Postings
The Site may provide you the opportunity to participate and post content publicly on blogs, as reviews, through interactive features and through other communication functionality ("Community Postings"). You may choose, through such features or otherwise, to submit or post questions, comments, or other content (collectively, "User Submitted Materials"). Such User Submitted Materials may be displayed publicly along with certain of your Personal Information, such as your name or a screen name. Please note that your use of Community Postings is subject to our Terms of Service.
Note that any Community Postings that you make are public – others will have access to your User Submitted Materials and may use it or share it with third parties. If you choose to voluntarily disclose Personal Information in your User Submitted Materials, that information will be considered public information and the protections of this Privacy Policy will not apply.
Social Media
You may register to join the Site directly via the Site or by logging into your account with a third party social media service via our Site (e.g., Facebook, Instagram, and other third party services that let you sign in using your existing credentials with those services). If you choose to register via a social media service, or to later link your account on our Site to your account with a social media service, we will use Personal Information you have provided to the social media service (such as your name, email address, gender and other information you make publicly available via the social media service) to create your account. Note that the information we collect from and through a social media service may depend on the privacy settings you have with the social media service, that site’s terms of service, and the permissions you grant to us in connection with linking your account with the Site to your account with a social media service. Other than what we may share with the social media service as described below, the Personal Information a social media service has about you is obtained by the social media service independent of our Site, and DC is not responsible for it.
The DC Site also may permit additional interactions between it and a third party website, service, or other content provider, such as enabling you to “like” or share content to a third party social media service, or to share content from a third party social media service to our Site. If you choose to “like” or share content, or to otherwise share information from or via our Site with a third party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of our Site (and we may have access to information about you from that third party). Please note that your relationship with any social media service is governed solely by your agreement(s) with such social media service and your interactions with third parties through social media or similar features are governed by the respective privacy policies of those third parties.
You represent that you are entitled to use your social media account for the purposes described herein without breach by you of any of the terms and conditions that govern the social media service, and without obligating DC to pay any fees or making DC subject to any usage limitations imposed by such social media service. If your social media account terminates, then functions enabled through the link between your DC account and your social media account will terminate as well.
2. USE AND RETENTION OF INFORMATION
DC may use information collected through the Site, including your Personal Information and Device Identifier, in order to: A) process your registration with the Site, including verifying the information that you provide to us; B) provide you with services or information or fulfill transactions that you have requested or otherwise agreed to receive; C) send you special offers from us, artists on our Site, our advertisers, or third-party business partners or other third-parties that we believe may be of interest to you, and to tailor content we display to you, including offers we present to you, both on the Site and elsewhere online or offline; D) publish promotional material, including in such material Community Postings that you have made; E) allow you to participate in the public areas and other features of the Site; F) provide customer service to you, including, without limitation, to respond to your questions, complaints or comments; G) contact you with regard to your use of the Site or, in our discretion, changes to the Site's policies; H) improve the Site or our services, and for internal business purposes; G) for legal and regulatory compliance; or H) for purposes as disclosed at the time you provide your information or otherwise with your consent, and as further described in this Privacy Policy.
3. INFORMATION SHARING AND DISCLOSURE
We may disclose Personal Information and Non-Identifying information to third parties in our discretion as otherwise described in this Privacy Policy. In particular, we may share the information we have collected about you for the following purposes:
Service Providers: We may employ third party companies and individuals to perform services on our behalf, such as to host the Site, perform Site-related functions (e.g., without limitation, maintenance services, database management, web analytics and online advertising, payment processing, fraud detection and improvement of DC’ features) or to assist us in analyzing how our Site is used. These third parties may have access to your Personal Information in order to perform these tasks on our behalf subject to the privacy policies of those third parties.
Marketing By Business Partners or Other Third Parties: We may disclose Personal Information about you to selected business partners or other third parties who we believe may be of interest to you, and they may send you marketing offers or similar information directly. If you want to opt-out of such sharing with third parties for marketing purposes, you may notify us at denisecastrorose@gmail.com. If you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly. You also may request, sometimes through your use of a social media service or similar interactive feature or third party application, that we share information about you with a third party and we will typically do so under those circumstances.
Legal and Investigative Purposes: DC may transfer and disclose information, including your Personal Information and Device Identifier (including IP addresses), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Use or other applicable Site policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, Site visitors or the public. We may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies, in our sole discretion.
Internal and Business Transfers: DC may share information, including Personal Information, with its parents, subsidiaries, and affiliates, primarily for business and operational purposes. We may sell, transfer or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including, in each case, as part of the due diligence process with any potential acquiring entity) or in the event of bankruptcy.
Sweepstakes, Contests and Promotions: We may offer sweepstakes, contests, and other promotions (any, a "Promotion") that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winner’s list.
In some instances, a Promotion may be hosted by a different website than DC. In such instances, that website will have a different Privacy Policy from this one, and you should review such website’s Privacy Policy to see how your Personal and Non-identifying Information will be used.
4. ANALYTICS PROVIDERS, AD SERVERS, AND SIMILAR THIRD PARTIES
DC works with (or may in the future work with) network advertisers, ad agencies, analytics service providers, and other vendors to provide us with information regarding traffic on the Site, including pages viewed and the actions taken when visiting the Site; to serve our advertisements on other websites, within mobile apps and elsewhere online; and to provide us with information regarding the use of the Site and the effectiveness of our advertisements. Some of these service providers may collect information about your Account, your visits to the Site, and your interaction with our products and services to tailor marketing messages on this Site and other sites or to trigger real time interaction, customize this Site or enhance your Account. Some of these service providers may be able to collect personal information that you share with this site via a web form automatically and prior to your pressing a submit button; and they may be able to use information from your visits to this site to send marketing messages to you in a way that may personally identify you. This information is collected through the use of a cookie, a javascript tag and/or pixel, which is industry standard technology used by most major web sites. The information collected by these service providers may include your device’s IP address, user agent, email addresses (where hashed or otherwise rendered pseudonymous) and other user and device level pseudonymous information. Please keep in mind that your browser settings may not permit you to control the technologies utilized by these third-party companies. If you would like more information about these practices, please click: HTTP://OPTOUT.ABOUTADS.INFO/#!/
While we may use a variety of service providers to perform advertising services, some of these companies are members of the Network Advertising Initiative ("NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members. You may also want to visit or http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program. Please note that opting out through these mechanisms does not opt you out of being served advertising, and you will continue to receive generic ads while online.
5. OPTING OUT & MODIFYING YOUR ACCOUNT
DC users with an Account (as such term is defined in our Terms of Service) may update their choices regarding marketing communications you receive from us through your online Account. You also may opt-out of receiving marketing emails from us by following the opt-out instructions provided in those emails. Please note that we reserve the right to send you certain communications relating to your account or use of the Site (for example, administrative and service announcements) via email and other means and these transactional account messages may be unaffected if you opt-out from receiving marketing communications. If you choose to receive text messages from us, you may change your mind and opt-out of receiving future text messages by replying “STOP” to any text message received.
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information, and you must update any changes through your online Account. If you would like us to delete your Account in our system, you can do so by sending an email to us at: denisecastrorose@gmail.com. We will use commercially reasonable efforts to honor your request; however, certain information will actively persist on the Site even if you close your account, including messages you posted to the Site (e.g., product reviews). In addition, your Personal Information may remain in our archives and information you update or delete, or information within a closed account, such as your purchase history, may persist internally or for our administrative purposes. It is not always possible to completely remove or delete information from our databases. In addition, we typically will not remove information you posted publicly through or on the Site. Bear in mind that neither you nor DC can delete all copies of information that have been previously shared with others on the Site, as in many cases this information is stored or archived elsewhere on third-party servers, services or websites.
6. SECURITY
DC takes commercially reasonable steps to help protect and secure the information it collects and stores about our customers. The Site uses “https:” security on all pages. All Personal Information provided to the Site is encrypted using industry-standard technology when transmitted over the Internet. We comply with the Payment Card Industry’s Data Security Standards and, as noted above, credit card payment transactions are handled by third-party processors, not ourselves, and we do not store your credit card data. But no method of transmission over the Internet, or method of electronic storage, is 100% secure all of the time. Thus, while we strive to protect your personal data, DC cannot ensure and does not warrant the security of any information you transmit to us.
7. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION
DC is a U.S. entity and the Site is a U.S. website. DC makes no representation that this Privacy Policy or its data practices comply with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you are located outside the United States, please be aware that any information you provide to us will be transferred to and processed in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside or are a citizen. By using the Site or providing us with any information, you consent to this transfer, storage, and processing of such information in the United States.
8. LINKS TO OTHER SITES
Our Site sometimes contains links to other websites. If you choose to click on a third party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. We encourage you to read the privacy policies or statements of the other websites you visit.
9. CALIFORNIA RESIDENTS & CCPA
This Privacy Notice for California Residents applies solely to visitors, users, and others who reside in the State of California (”consumers”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice. Our Site collects information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer photohold (“Personal Information”).
Personal information does not include: A) publicly available information from government records; B) deidentified or aggregated consumer information; C) information excluded from the CCPA’s scope, like: (i) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; (ii) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and (iii) the Driver’s Privacy Protection Act of 1994.
Notice of Collection of Information
In particular, we have collected the following categories of personal information from its consumers within the last twelve (12) months (as such terms may be defined in the CCPA): 1) Identifiers; 2) Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)); 3) Protected classification characteristics under California or federal law; 4) Commercial information; and 4) Internet or other similar network activity. DC obtains the categories of personal information listed above either directly from you (for example, from forms you complete or products and services you purchase) or indirectly from you (for example, from observing your actions on our Site).
You have the right to request that we delete any of your personal information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: 1) Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you; 2) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; 3) Debug products to identify and repair errors that impair existing intended functionality; 4) Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law; 5) Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.); 6) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent; 7) Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; 8) Comply with a legal obligation; or 9) Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
10. WE DO NOT SELL YOUR PERSONAL INFORMATION
We do not collect and sell your information for commercial purposes. Instead, we may use or disclose the personal information we collect: A) to fulfill or meet the reason you provided the information (e.g., to fulfill an order for a product that you place on our Site); B) to provide, support, personalize, and develop our Site, products, and services; C) to create, maintain, customize, and secure your account with us; D) to process your requests, purchases, transactions, and payments and prevent transactional fraud; E) to provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses; F) to personalize your Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Site, third-party sites, and via email or text message (with your consent, where required by law); G) to help maintain the safety, security, and integrity of our Site, products and services, databases and other technology assets, and business; H) for testing, research, analysis, and product development, including to develop and improve our Site, products, and services; I) to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; J) as described to you when collecting your personal information or as otherwise set forth in the CCPA.
We may also disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with Service Providers and with third party advertisers, analytics, aggregators, and content providers.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
11. CHANGES TO THIS POLICY
DC may update this Privacy Policy from time to time and any changes will be effective upon posting. In the event that there are material changes to the way we treat your Personal Information, we will notify you at your last known email address.
If you have any questions or comments about this Privacy Policy, please do not hesitate to contact us.