PRIVACY POLICY

Effective Date: May 25, 2018

INTRODUCTION

This Privacy Policy (“Policy”) describes the privacy practices for www.GregSimkinsArt.com website (the “Site”), and any affiliated sites and associated mobile applications, platforms, and services (collectively “Services”), which is owned and operated by Greg “CRAOLA” Simkins, Inc. (“Company”, “we”, “us”, or “our”). We strive to be transparent about how we collect and use your Information (as defined below), to keep your Information secure and to provide you with meaningful choices.  This Policy explains how your Information is collected, used, and disclosed by us as data controller.

This Policy applies to our online information practices for the Site and Services. This Policy does not apply to personal data collected through any third-party websites or apps, including websites you may access through the Services.  Those websites and apps may have their own privacy policies, which we encourage you to read before providing any personal information on or through them.

Please read this Policy carefully to understand our policies and practices regarding your Information and how we will treat it. If you do not agree with our policies and practices, do not use the Services. By using the Services, you agree to this Policy. This Policy may change from time to time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Greg “CRAOLA” Simkins, Inc. is the data controller responsible for making decisions about how we use your personal information.  If you have any questions or comments on this Policy, you can contact us via email here.

CHILDREN UNDER THE AGE OF 16

As a general rule, if you are outside of the European Economic Area (“EEA”), children under 13 are not allowed to use the Services.  If you are based in the EEA you may only use the Services if you are at least 16 years of age, or the age needed to consent to the processing of personal data in your country of residence. If we learn we have collected or received Personal Data from a child under the age of 13, or in the EEA 16 or the age needed to consent to the processing of personal data, without verification of parental consent, we will delete that information. If you believe we might have such information, please contact us here.

INFORMATION WE COLLECT AND HOW WE USE IT

This Privacy Policy covers our use of any information that can or could be used to identify you (“Personal Data”).  It does not cover information which cannot be used to identify you (“Anonymous Data”).

We need to collect and use certain Personal Data to provide the Services to you and fulfill any of the services provided under Terms of Use:

  • if you register with or use the Services, we may ask you to provide Personal Data by which you may be identified, such as name, postal address, e-mail address, telephone number, or any other contact details.

  • when you use the Services to communicate with others or post, upload, display or store any content such as comments, photos, videos, emails, attachments, voice inputs, and other content generated by you (collectively, “User Contributions”) on public areas of the Services.  Your User Contributions may be transmitted to others and we cannot control the actions of third parties with whom you may choose to share your User Contributions. We also cannot prevent further use of this Information once it is made public.

  • we may ask you to provide your Personal Data when you enter a contest or sweepstakes sponsored by us or respond to surveys that we may post and ask to complete on the Services.

  • when you communicate with us to report a problem with the Services or make any other general inquiries.  We may keep records and copies of your correspondence (including e-mail addresses, phone numbers, and any other personal information you had provided).

  • when you place any orders through the Services, we may keep details of transactions you carry out through the Services and of the fulfillment of any orders (note that you may be required to provide financial information before placing an order through the Services).

  • when you otherwise use the Services, such as for search queries, watch history, page views, viewing the content we make available, or installing any of our plug-ins.  

In addition, we have and rely on a legitimate interest in using your Personal Data as follows:

  • we may collect certain technical and usage information when you use the Services, such as the type of device, browser, and operating system you are using, unique device identifier, IP address, device and browser settings, the webpages you visit, including information about how you interact with the Services and those of our third-party partners and information that allows us to recognize and associate your activity across devices and Services, so we can improve our design, functionality and content and to enable us to personalize your experience with our content and offerings.

  • to perform analytics, including to analyze and report on usage and performance, and to create aggregate data about groups or categories of our users.

  • using your email address and device information in order to share updates and news about the Services with you by email.  You can unsubscribe from these at any time in the links provided in such emails.

  • so we may offer new or additional features for our Services.

  • to prevent activities that violate our Terms of Use, could be fraudulent, violate copyright, or other laws, to comply with legal requirements, and to protect our rights and the rights and safety of our users and others.  We may also provide your personal data to any potential acquirer of or investor in any part of our business for the purposes of that acquisition or investment.

We also use cookies or similar technologies through our Services.  Please see our Cookie Policy sections for more information about how we use them.  While you may disable the usage of cookies through your browser settings, we currently do not respond to “Do Not Track” signals because a uniform technological standard has not yet been developed.

You may be able to access features of the Site through third party communities, forums, and social media sites, services, plug-ins, and applications (“Social Media Sites”). Your privacy settings on such Social Media Sites, as well as their respective privacy policies, will determine the personal and other information that may be collected and used by these Social Media Sites.  

WHO WE SHARE YOUR INFORMATION WITH

We will not share any Person Data that we have collected from or regarding you except as described below:

Service Providers.  We engage third party service providers to work with us to administer and provide the Services.  As part of that they will process your Personal Data on our behalf. These third party service providers have access to your Personal Data only for the purpose of performing services on our behalf, in compliance with this Privacy Policy, and we make sure each one is contractually obligated not to discuss or use your Personal Data for any other purpose.  The service providers help us to carry out the services, including: creating, maintaining, hosting, and delivering of our Site, products, and services; handling payments, email and order fulfillment; administering contests; conducting research and analytics; and customer service.

Third Parties.  We share Anonymous Data with third parties for industry and market analysis.  We do not share Personal Data with any other third parties without your consent.

Sponsors and co-promotions. We sometimes offer content or programs (e.g., contests, sweepstakes, promotions, or Social Media Site integrations) that are sponsored by or co-branded with third parties. By virtue of these relationships, the third parties collect or obtain Information from you when you participate in the activity. We have no control over these third parties' use of this Information. We encourage you to look at the privacy disclosure of any such third party to learn about their data practices before you participate in the activity.

Linked Sites.  The Site contains links to other sites, including Social Media Sites.  We may integrate social media application program interfaces or plug-ins (“Plug-ins”) from social networks, including Facebook, Twitter, Instagram, Pinterest and others, into our Site. Plug-ins may transfer information about you to the Plug-in’s respective platform without action by you. This information may include your platform user identification number, which website you are on, and more. Interacting with a Plug-in will transmit information directly to that Plug-in’s social network and that information may be visible by others on that platform. Plug-ins are controlled by the respective platform’s privacy policy, and not by our Policy.

In Connection with Business Transactions.  Information that we collect from our users, including Personal Data, is a business asset.  If we are acquired by a third party as a result of a transaction, such as merger, acquisition, or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your Personal Data, will be disclosed or transferred to a third party acquirer in connection with the transaction.

Legal and Law Enforcement Purposes.  We may disclose Information in response to legal process, for example in response to a court order or a subpoena, or in response to a law enforcement agency’s request.  We may also disclose such Information to third parties: (i) for the purposes of fraud protection and credit risk reduction, (ii) where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, (iii) to enforce our rights arising from any contracts entered into between you and us, including the Terms of Use, this Policy, and for billing and collection, (iv) if we believe disclosure is necessary or appropriate to protect our rights, property, or safety or that of our customers, users, contractors or others, (v) as otherwise required by law.

COOKIE POLICY

Cookies and Other Technologies. We use cookies, which are small text files that are placed on your computer or device by a Web server when you access our Services.  We may place and access cookies and similar technologies on your computer or device, which are known as “first party cookies”. Cookies may also be placed and accessed by third parties, which are known as “third party cookies” and are described below.

We use cookies to monitor aggregate usage and web traffic of our Services, customize and improve our Services, and help you navigate our Services.  We currently do not use cookies for interest-based advertising, or advertising of any kind.

We may also use pixels or "web beacons" that monitor your use of our Services. Web beacons are small electronic files integrated into the Services or our communications (e.g. emails) that permit us, for example, to count users who have visited those pages or opened an email or for other related statistics. We may also integrate “Software Development Kits” (“SDKs”) into our applications to perform similar functions as cookies and web beacons. For example, SDKs may collect technical and usage information such as mobile device identifiers and your interactions with the Services and other mobile apps.

Types of Cookies

We use the following types of cookies:

Strictly Necessary Cookies – these cookies are essential to enable you to use the Services, for example moving around our websites and using their features.

Performance Cookies – these are cookies which collect information about how and when you and other visitors interact with our Services (e.g. pages viewed most often) and the information collected by these cookies is used to improve how our Services work.  These are also often known as analytic cookies, because they analyse how our visitors use the Services and to monitor their performance. The information collected by these cookies is not associated with your personal information by us or by our contractors and is only used in aggregate and de-identified form.  

Functionality Cookies – these are cookies that allow our Services to remember choices you have made and provide you with content and features which are customized to you. These cookies are not used to track your browsing on other sites.  

Advertising Cookies – these are cookies which are used to deliver adverts to you which are more relevant to you and your interests.  Although we currently do not use any advertising cookies, such cookies may be used by social media sites that are linked from our Services, such as within “Share” buttons or embedded audio/video players.  These cookies also provide the requested functionality. Such social media sites put down advertising cookies both when you visit our Services and when you use their services and navigate away from our Services. The cookie practices of some of these social media sites are set out below:

Facebook’s Cookie Policy: https://www.facebook.com/policies/cookies/

Twitter’s Cookie Policy: https://help.twitter.com/en/rules-and-policies/twitter-cookies

Instagram’s Cookie Policy: https://help.instagram.com/1896641480634370?ref=ig

Pinterest’s Cookie Policy: https://policy.pinterest.com/en/cookies

YouTube’s Cookie Policy: https://policies.google.com/technologies/cookies

SoundCloud Cookie Policy: https://soundcloud.com/pages/cookies

The types of cookies described above may be "session cookies" or "persistent cookies". Session cookies are only stored on your device whilst you are using the Services, and are deleted when you log off from the Services or close your browser. Persistent cookies remain on your device for a period of time after you log off from the Services or close your browser.

Third Party Cookies

Some cookies may be placed by third parties when you use the Services as some third party services providers that we engage may place their own cookies on your hard drive or device. These cookies may provide information to those third parties about your browsing habits.

For example, our websites use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses non-operational cookies, which are text files placed on your computer to help the website analyze how visitors use the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. At our request, Google will use this information for the purpose of evaluating how the website is used, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf.

By using our websites, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Cookies Settings

Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. However, if you don’t accept cookies, you may not be able to access all portions or features of the Services.

If you continue to use the Services, you consent to our use of cookies as described in this Cookies Policy.

YOUR RIGHTS AND CHOICES

You have certain rights in relation to your Personal Data.  In order to exercise these rights, please see below.

If you are outside the EEA, to inquire on the Personal Data that we may have collected about you or to correct such Personal Data, you can contact us here.

California Privacy Rights – California Civil Code Section 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes.  To make such a request, please contact us here.  Please be advised that we currently do not provide any Personal Data to third parties for any marketing purposes.

If you are inside EEA, then you have the right to ask us for a copy of your Personal Data, to correct it, erase it or restrict its processing, and to obtain the Personal Data you have provided. You may also ask us to transmit certain Personal Data that you have provided to a third party electronically. You also have the right to object to the processing of personal information on the basis of our legitimate interests. Where we have asked for your consent to process Personal Data, you have the right to withdraw this consent at any time. If you still have unresolved concerns, you have the right to complain to an EEA data protection authority where you live, work or where you believe a breach may have occurred.  Please be aware that certain exceptions apply to the exercise of these rights and so you may not be able to exercise all of these rights in all situations.

These rights are subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege). In some instances, this may mean that we are able to retain your Personal Information even if you withdraw your consent.  We will respond to most requests within one month.

You can unsubscribe from any newsletters or various promotional emails at any time by clicking on the “unsubscribe” links provided in such communications.

INTERNATIONAL TRANSFER

Our Site is hosted in the United States. This means the Personal Data we collect will be processed by us in the United States, which may not have the same data protection laws as in your home country. If we transfer your Personal Data from the EEA to other countries, including the USA, we ensure that a similar degree of protection is provided to your Personal Data as within the EEA.

We may also limit the availability of the Services or any service or product described in the Services to any person or geographic area at any time.

DATA RETENTION

Our retention periods for personal data are based on business needs and legal requirements.  We retain personal data for as long as it necessary for the processing purpose(s) for which the personal data was collected, and any other permissible, related purpose.  For example, we retain certain transaction details and correspondences until the time limit for claims arising from the transaction has expired, or to comply with regulatory requirements regarding the retention of such data.

DATA SECURITY

We have implemented appropriate technical and organizational measures to secure the processing of personal data. These safeguards will vary depending on the sensitivity, format, location, amount, distribution and storage of the personal data, and include measures designed to keep personal data protected from unauthorized access.

We restrict access to personal data to personnel and third parties that require access to such information for legitimate, relevant business purposes.

All of our staff members, contractors and third parties who will have access to personal data on our instructions will be bound to confidentiality and we use access controls to limit access to individuals that require such access for the performance of their responsibilities and tasks.

We have information security policies in place and its security policies and systems are frequently audited.  We take the security of our IT infrastructure very seriously.

Although we take reasonable precautions to protect your personal information, we cannot guarantee the security of your personal information. Any transmission of personal information via the Internet and mobile platforms is not completely secure, and thus, any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. You should not share your password with anyone.

CHANGES TO OUR POLICY

We may update our Policy from time to time. We will notify you about any material changes to this Privacy Policy by placing a notice on our Site. We encourage you to periodically check back and review this Policy so you are aware of any recent changes.

HOW TO CONTACT US

Privacy Concerns. If you have any concern or complaint about privacy in the Services, please contact us by mail to Greg “CRAOLA” Simkins, Inc. at 201 E. Center St., Suite 112, PMB 409, Anaheim, CA 92805 or email us here. We will do our best to respond to you in a timely and professional manner in order to answer your questions and resolve your concerns.

© Greg “CRAOLA” Simkins, Inc. All rights reserved.  IMSCARED, Simkins are trademarks of Greg “CRAOLA” Simkins, Inc.