Principal Office: 128 White Cap Lane, Newport Beach, CA 92657
(hereinafter referred to the “Elyse Clark Photography” or “us” or “our” or “we”). In this Policy, you shall be referred as “you” or “your” or “user” or “users” or “customer(s)”.
IF YOU DO NOT AGREE WITH THESE PRACTICES, PLEASE DO NOT USE THE SERVICES OR THE WEBSITE OR PROVIDE US WITH ANY OF YOUR PERSONAL INFORMATION.
TABLE OF CONTENTS
2. Lawful basis for processing personal information
3. How do we use this information?
4. Deleting your information
6. Sharing of information
7. Storage and Security of Information
8. Links to third party Apps
9. Rights of EU, EEA and UK residents
10. California Resident Rights
11. Nevada Resident Rights
12. Rights of Data Subjects
13. How do we respond to legal requests?
14. Child Privacy
15. How do I withdraw my consent?
16. Governing law and Dispute Resolution
18. Welcoming of suggestions
What information about the users do we collect?
- a) Information that you provide us: We collect the information you provide when you use our website and our services, including without limitation, register for an account, place an order, make a payment, share your feedback, submit a complaint, communicate or interact with us in any manner. This can include Personally Identifiable Information (PII) and non-PII information. The examples include your first name, last name, email, address, phone number, order details, your queries, etc. We also collect information about how you use our services, such as the content you engage with or the frequency and duration of your activities. These details are important for signing up and for shipment of your order.
- b) Information that we collect when you use the website: We also collect information while you access, browse or view the Site. In other words, when you access the Website, we are aware of your usage of the website, and gather, collect and record the information relating to such usage, including geo-location information, IP address, device and connection information, browser information and web-log information.
- c) Information that we collect from third party sources: You can engage with us through social media platforms or mobile applications. When you engage with us through social media platforms, such as Facebook or Instagram, you allow us to have access to certain information from your social media profile based upon your privacy preference settings on such platform.
- d) Customer Care: If you contact our customer support via emails, in those cases, we collect all your interactions with our customer support.
- e) Payment Information: We don’t collect your payment card details. For payments, use third-party payment gateway service providers, namely, PayPal and Shopify Payments, which collect and process your payment request.
- f) Good Judgment: We suggest that you exercise good judgment and caution while providing your personal information.
- What is the lawful basis for which we use your personal information? You hereby acknowledge that all processing of your personal information will be justified by a "lawful ground" for processing. In the majority of cases, processing will be justified on the basis that:
- Performance of a contract: Provision of personal data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
- Legal obligations: Processing personal data is necessary for compliance with a legal obligation to which we are subject.
- Vital interests: Processing personal data is necessary in order to protect your vital interests or of another natural person.
- Public interests: Processing personal data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Elyse Clark Photography.
- Legitimate interests: Processing personal data is necessary for the purposes of the legitimate interests pursued by the Elyse Clark Photography. In any case, we will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract. Feel free to contact us for this purpose at firstname.lastname@example.org.
- a) To create and update your account;
- b) To take order from you, and to fulfill that order;
- c) To process your payments;
- d) To facilitate the shipment of your order;
- e) To process your refunds;
- f) To enable you to use other features and functionalities of our Site;
- g) To assess queries, requirements, and process requests for various services;
- h) To improve our Site, services and products;
- i) To be able to deliver our services, personalize content, and make suggestions for you by using this information to understand how you use and interact with our services and the people or things you’re connected to and interested in on and off our services.
- j) We use your information to send you marketing communications, newsletter, communicate with you about our services and let you know about our policies and terms. We also use your information to respond to you when you contact us.
- k) We use the information we have to help verify accounts and activity, and to promote safety and security on of our services, such as by investigating suspicious activity or violations of our terms or policies.
- l) We also use your information to ensure our services are working as intended, such as tracking outages or troubleshooting issues that you report to us. And we use your information to make improvements to our services.
- m) We use information to help improve the safety and reliability of our services. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm Elyse Clark Photography, our community, or the public.
- n) To respond to summons, court orders, directions or other judicial processes.
- o) To provide information to law enforcement agencies or in connection with an investigation on matters related to public safety.
- Deleting your information Your information provided to us is yours. You may request us at any time to delete the same. However, you acknowledge that we may also retain some of the information so deleted for a reasonable period of time in order to comply with legal requests. You can request us to delete your information by writing to us at email@example.com.
Sharing of Information
- a) We may share your personal as well as non-personal information with our third-party hosting service provider, namely, Shopify.
- b) We don’t collect your payment card details. For payments, use third-party payment gateway service providers, namely, PayPal and Shopify Payments, which collect and process your payment request.
- c) We share your personal as well as non-personal information with our third-party service providers, such as delivery service providers in order to provide you the services requested by you.
- d) We keep your information safe and do not share your information with any other third party. However, if we merge with or are acquired by another company or we sell our website or business unit, or if all or a substantial portion of our assets are acquired by another company, in those cases, your information will likely be one of the assets that would be transferred.
- e) We may also share your information in response to legal request. Please refer to Section 13.
- Storage and Security of Information
b) Retention: Personal information that we collect, access or process will be retained only so long as necessary for the fulfillment of the purposes for which it was collected, as necessary for our legitimate business purposes, or as required or authorized by law. Personal information that is no longer required to fulfill the identified purposes will be destroyed, erased or made de-identified or anonymous. c) Steps taken by us to protect your data: We regularly take the following steps to protect the integrity of your information:
- We protect the security of your information while it is being transmitted by using secure connection;
- We use computer safeguards such as firewalls to keep this data safe;
- We only authorize access to employees and trusted partners who need it to carry out their responsibilities;
- We regularly monitor our systems for possible vulnerabilities and attacks, and we carry out penetration testing to identify ways to further strengthen security; and
- We will ask for proof of identity before we share your personal data with you.
Principal Office: 128 White Cap Lane, Newport Beach, CA 92657 ALL YOUR USER INFORMATION WILL BE COLLECTED, STORED, PROCESSED AND SHARED STRICTLY IN ACCORDANCE, IN LINE AND FULL COMPLIANCE WITH GDPR LAW (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “GDPR”).
● Right of restriction: to restrict processing of your personal information where: (a) the accuracy of the personal information is contested; (b) the processing is unlawful but you object to the erasure of the personal information; (c) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defense of a legal claim or (d) you have objected to us processing your personal information based on our legitimate interests and we are considering your objection;
● Right to object: to object to decisions which are based solely on automated processing or profiling;
● Right to ask for a copy: where you have provided your personal information to us with your consent, to ask us for a copy of this data in a structured, machine-readable format and to ask us to share (port) this data to another data controller; or to obtain a copy of or access to safeguards under which your personal information is transferred outside of the EEA. ● Right to withdraw your consent. You have the right to withdraw your consent on using your personal data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of our services.
● Request the transfer of your Personal Data. We will provide to you, or to a third-party you have chosen, your personal data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, to the processing of your personal data by us and we may be required to no longer process your personal data. Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.
- Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.
- Collected: Yes.
- Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
- Collected: No.
- Examples: Interaction with our Service or advertisement.
- Collected: Yes.
- Examples: Approximate physical location.
- Collected: Yes.
- Examples: Current or past job history or performance evaluations.
- Collected: No.
- Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
- Collected: No.
- We use the personal information that we collect or receive for the business purposes as described above. We may disclose the above listed categories of personal information to third parties for business purposes as described above. As previously mentioned in this Policy, we do not “sell” (as such term is defined in the CCPA) personal information.
- You are entitled to the following specific rights under the CCPA in relation to personal information related to you:
● You have a right to request that we delete personal information related to you that we collected from you under certain circumstances and exceptions.
● You also have a right not to be discriminated against for exercising your rights under the CCPA.
● You also have a right to submit your request via an authorized agent. If you use an authorized agent to submit a request to access or delete your personal information on your behalf, the authorized agent must:
We will verify your request using the information associated with your account, including email address. Government identification may also be required. A request for access can be made by you only twice within a 12-months period. Any disclosures that we provide will only cover the 12-months period preceding receipt of your request. We do not charge a fee to process or respond to your verifiable User request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will inform you of the reasons for such a decision and provide you with a cost estimate before processing further your request. 11. Notice for Nevada Residents Under Nevada law, certain Nevada residents may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, social security number, or an identifier that allows a specific person to be contacted either physically or online. Please note, we do not sell your personal information to anyone. 12. Rights of Data Subjects Depending upon the laws of your jurisdiction, you may be eligible for some or all of the following rights in respect of your personal information:
- Right to obtain information: You may have a right to obtain information about how and on what basis your personal information is processed and to obtain a copy.
- Right to rectification: You may have the right to have any incomplete or inaccurate information we hold about you rectified and corrected.
- Right of Erasure: You may have the right to erase your personal information in limited circumstances where (a) you believe that it is no longer necessary for us to hold your personal information; (b) we are processing your personal information on the basis of legitimate interests and you object to such processing, and we cannot demonstrate an overriding legitimate ground for the processing; (c) where you have provided your personal information to us with your consent and you wish to withdraw your consent and there is no other ground under which we can process your personal information; and (d) where you believe the personal information we hold about you is being unlawfully processed by us.
- Right of restriction: You may have the right to restrict processing of your personal information where: (a) the accuracy of the personal information is contested; (b) the processing is unlawful but you object to the erasure of the personal information; (c) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defense of a legal claim or (d) you have objected to us processing your personal information based on our legitimate interests and we are considering your objection.
- Right to object: You may have the right to object to decisions which are based solely on automated processing or profiling.
- Right to ask for a copy: Where you have provided your personal information to us with your consent, you may have the right to ask us for a copy of this data in a structured, machine-readable format and to ask us to share (port) this data to another data controller; or to obtain a copy of or access to safeguards under which your personal information is transferred outside of your jurisdiction.
- Right to withdraw your consent. You may have the right to withdraw your consent on using your personal data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of our services.
- Request the transfer of your Personal Data. If you so have this right, we will provide to you, or to a third-party you have chosen, your personal data in a structured, commonly used, machine-readable format. Please note that this right may only apply to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Name: Elyse Clark
- Email: firstname.lastname@example.org
- Postal: 128 White Cap Lane Newport Beach, CA 92657