Privacy Policy

Artists Sunday^TM Privacy Policy

Last Modified: 04/06/2020

The Artists Sunday^TM is a national movement created by Artists Sunday, LLC (“we”, or “us”) dedicated to supporting and celebrating artists and craftspeople.

INFORMATION GATHERING AND USE

Your use of the Artists Sunday Website (artistssunday.com)(“Website”),use of our any mobile applications ( “Applications”), or participation in Artists Sunday Program or Artists Sunday Partner Member Program (“Programs”) is governed by Artists Sunday Privacy Policy (“Privacy Policy”). By using the Website and/or Applications or participating in Programs, you are agreeing to the Privacy Policy and that our decisions with respect to the interpretation and application of these Privacy Policy, will be final and binding and made by us in our sole discretion. We reserve the right to modify this Privacy Policy at any time. We will indicate that changes have been made by updating the “Last Modified” date above. Your continued use of the Website and/or Applications or participating in Programs after the Privacy Policy has been modified constitutes your agreement to the modified Privacy Policy. You agree that by using the Website and/or Applications or participating in Programs, you represent that you are at least 18 years old and that you are legally able to enter into this agreement.

ADDITIONAL TERMS

In addition to the terms and conditions of these Privacy Policy, your use of the Website and/or Applications is subject to and you are also agreeing to be bound by the:

• Artists Sunday Terms of Service (a/k/a Website Rules and Regulations) (www.artistssunday.com/tos), and

In the event of a conflict among or between this Privacy Policy and the Terms of Service, the precedence shall be, first, the Terms of Service, then the Privacy Policy.

If you participate in Programs, then your participation is subject to a separate agreement.

GATHERING OF PERSONAL INFORMATION

We respect your privacy and permit you to control the treatment of your Personal Information.“Personal information” includes, but is not limited to, name, address, telephone number, and e-mail address. We will not sell, rent, or swap any Personal Information, except as permitted by you or by law. We will use Personal Information in the following ways:

• to facilitate communication between you and us;
• to administer your account, process purchases, provide products or services to you;
• for our marketing and promotional activities;
• to customize, analyze, adjust and improve the Website, Applications and/or Programs;
• to enforce our agreements with you;
• to prevent fraud and other prohibited or illegal activities;
• for other legally permissible purposes; and
• to ensure that we comply with applicable laws.

If you provide your e-mail address, either through making an account or otherwise submitting it to us, we may contact you periodically with newsletters and information about the Website, Applications, and/or Programs. Any e-mail sent by us provides the option to be removed from the mailing list. If you wish to be removed from the mailing list, you may do so by contacting us directly.

You will required to provide Personal Information to create an account with us. No account is required to access the Website or participate in Programs. An account may be required to use Applications. When you complete the account registration process, you must provide the complete and accurate information. You are entirely responsible for selecting a username and for maintaining the confidentiality of your password. You may not use the account or password of someone else at any time. You agree to notify us immediately of any unauthorized use of your account or password. We shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, or representatives due to someone else’s use of your account or password.

COOKIES

Cookies are required to use the site. We use cookies to assist with providing content to you, with site traffic analysis (e.g. third party analytics from Google), which includes tracking the time/date of visits, pages viewed, and referring URLs.

GATHERING OF USAGE INFORMATION

We record information about the pages viewed by all users of our Website and/or Applications. This data includes internet protocol (IP) addresses, geolocation based on IP address, browser type, device type, operating system information, internet service provider (ISP) information, referring/exit pages, platform type, date/time stamp, connection speed, read time, display time, and number of clicks. We use this data, in aggregate form, to compile statistics and reports for us, and improve the experience for all users of Website, Applications, and/or Programs. We may share usage information with third parties.

FINANCIAL INFORMATION

No purchases are possible through the Website and/or Applications, so we do not collect, store or otherwise maintain any financial information.

CALIFORNIA CONSUMER PRIVACY ACT (CCPA)

We do not have annual gross revenues larger than $25 million, do not receive or disclose the personal information of 50,000 or more California residents, households, or devices each year, nor do we make 50 percent or greater of our annual revenue from selling California residents’ personal information, and therefore we are exempt from the requirements of the CCPA.

GENERAL DATA PROTECTION REGULATION (GDPR)

We are a data controller of your information for the purpose of the GDPR. If you are a citizen of the European Economic Area (EEA), you have certain data protection rights under the GDPR. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights: the right to access, update or to delete the information we have on you; the right of rectification; the right to object; the right of restriction; the right to data portability; the right to withdraw consent.

The legal basis for collecting and using the Personal Information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect the information: we need to perform a contract with you; you have given us permission to do so; processing your Personal Information is in our legitimate interests; or we need to comply with the law.

We will retain your Personal Information only for as long as is necessary for the purposes set out in this Agreement. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies.

DISCLAIMER OF WARRANTY

WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE WEBSITE, APPLICATIONS AND/OR PROGRAMS AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE, APPLICATIONS AND/OR PROGRAMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, APPLICATIONS AND/OR PROGRAMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE, APPLICATIONS AND/OR PROGRAMS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE, APPLICATIONS AND/OR PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE.

AFFILIATED SITES

We have no control over, and no liability for any third party websites, materials or services. We work with a number of partners and affiliates whose internet sites may be linked with the Website and/or Applications.

LIMITATION OF LIABILITY

OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE, APPLICATIONS AND/OR PROGRAMS OR ANY OTHER MATERIALS PROVIDED TO YOU BY US. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

INDEMNIFICATION

You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold us harmless from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, Applications, and/or Programs. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

GOVERNING LAW

Any and all disputes, claims or actions arising out of or relating to the Privacy Policy, including the enforcement and interpretation of these Privacy Policy, shall be governed by the substantive laws of the state of Texas without regard to conflict of law principles, and shall be brought solely within the state of Texas and Travis County.

DISPUTES

You agree that any dispute arising out of or related to the Privacy Policy(“Disputes”) shall be, upon the election of either you or us, submitted for binding arbitration, which shall take place in the State of Texas, Travis County pursuant to the rules of the American Arbitration Association (“AAA”). Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any Disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. No arbitration award or decision on any Disputes shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. You and we will be responsible for paying your and our respective shares of the arbitration fees (including filing, administrative, hearing and/or other fees) as provided by AAA rules. The provisions of this paragraph may be enforced in a court of competent jurisdiction.

THIRD PARTY BENEFICIARIES

Except as otherwise expressly set forth herein, this Privacy Policy is for the sole benefit of the parties hereto and their successors and permitted assigns and nothing herein express or implied shall give or be construed to give any person other than the parties hereto any legal or equitable rights hereunder.

ASSIGNMENT

You may not assign any of your rights or delegate any of your obligations under these Privacy Policy without the prior written consent of us. Any purported assignment or delegation in breach of this provision will be null and void.

ENTIRE AGREEMENT

These Privacy Policy constitute the entire agreement between the parties and supersede all previous discussions, agreements, promises, proposals, representations and understandings pertaining to use of Personal Information.

SEVERABILITY AND WAIVER

If any provision(s) of these Privacy Policy are held by a court of competent jurisdiction to be void, contrary to law or for any reason otherwise unenforceable, then such provision(s) shall be construed, as nearly as lawfully possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The severance of any void, unlawful or otherwise unenforceable provision, shall not affect the validity or enforceability of any remaining provisions herein. Our failure to exercise or enforce any right or provision of these Privacy Policy shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.