Last Modified: 04/06/2020
The Artists SundayTM is a national movement created by Artists Sunday, LLC (“we”, or “us”) dedicated to supporting and celebrating artists and craftspeople.
INFORMATION GATHERING AND USE
- Artists Sunday Terms of Service (a/k/a Website Rules and Regulations) (www.artistssunday.com/tos), and
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.
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.
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.
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.
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.
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.
THIRD PARTY BENEFICIARIES
SEVERABILITY AND WAIVER