Privacy Policy

PRIVACY POLICY

 

Effective Date: March 5th, 2020

This website, the affiliated websites and the corresponding stores are operated by Kush Fine Art (“KFA”, “we”, “us” or “our”). This Privacy Policy (“Privacy Policy”) describes how KFA collects your personal information, how we use or disclose this information, and how we protect your information.

 

This Privacy Policy applies to all personal information collected about you when you communicate with us during any written, electronic and oral communications, when you access or use our website at http://kushfineart.com (“Website”), visit our locations including Kush Fine Arts Maui, Kush Fine Arts Las Vegas, and Kush Fine Arts Laguna Beach, and any other content owned or operated by KFA that links to this Privacy Policy (collectively, the “Services”).

 

Use of our Services is subject to our Terms and Conditions (“Terms”), which you can view at http://kushfineart.com/site-terms-of-use-795, and this Privacy Policy.  By using our Services, you agree to our Privacy Policy and our collection, use, and sharing of your information as described below.

 

We may update this Privacy Policy from time to time and make changes to how we process information previously collected, as permitted by law.  If we make changes, we will post the updated Privacy Policy on this page with an updated effective date.  If we make material changes to it, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We encourage you to look for updates and changes to this Privacy Policy by checking the effective date when you access our Website.

 

We may provide additional "just-in-time" disclosures or additional information about the data collection, use and sharing practices of specific Services. These notices may supplement or clarify KFA’ s privacy practices or may provide you with additional choices about how we process your information. If you have any questions about this Privacy Policy, please reach out to us anytime at the contact information included within the “Contact Us” section below.

 

  1. Information We Collect

Throughout this Privacy Policy we use the term “personal information” to describe data that identifies you or makes you identifiable. The definition of personal information depends on the applicable law based on your physical location. Only the definition that applies to your physical location will apply to you under this Privacy Policy. The types of information that we may collect about you include, but are not limited to:

 a.  Information You Voluntarily Provide to Us.  We collect personal information you give us when you use our Services, so that we can fulfill your requests. The personal information we collect on or through our Services may include:

      • Account Information: to place an order with us you will need to provide your personal information, and may need to create an account on our account page. Opening an account on our Website allows you to place orders online, check order status, track orders, save address information, and review your order history.
      • Payment Information: in order for us to process your order, you may need to submit payment information, such as your name, payment card information and billing details.
      • Customer Service:  contact information and messages you provide when you have questions or issues with our Services, or otherwise communicate with us by email, by telephone, in writing or through other means;

 b.  Information You Provide to Our Affiliates and Subsidiaries. We may get your Personal Information from a company controlled by or under common control with KFA, or any of our affiliated companies.

 c.  Information About Your Use of Our Services.As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

      • Information About Your Use of the Services: when you browse our Website, our systems automatically collect information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, domain names, referring and exit pages and URLs, platform type, pages viewed and the order of these page views, the amount of time spent on particular pages, and the date and time of your request.
      • Device Information: if you access the Services through a mobile device (e.g., a smart phone or tablet), we may be able to identify the general location of your mobile device, your mobile device’s brand, model, operating system, resolution, screen size, system version, mobile network information, and your mobile device’s advertising ID.
      • Performance Data:  we may collect information about your preferences to make your use of the Services more productive. For more information, please see Section 2.

d.  Information Collected from Other Sources.  We may receive information about you from other sources to help us correct or supplement our records, improve our Service, or products and prevent fraud.

 

2.  COOKIES AND OTHER TRACKING TECHNOLOGIES

We may use cookies, embedded scripts, software development kits (“SDKs”) and other similar technologies (collectively, “Tracking Technologies”) to collect additional personal information automatically as you interact with the Services and to personalize your experience with our Services.

 a.  Cookies. Cookies are small web files that a website or its provider transfers to your device’s hard drive through your web browser that enables the website’s or provider’s system to recognize your browser and remember certain information.We use first-party and third-party cookies for the following purposes:

      • to make our Services function properly;
      • to improve our Services;
      • to make login to our Services easier (such as by remembering your user ID);
      • to recognize you when you return to our Services and to remember information you have already provided;
      • to track your interaction with the Services; and
      • to provide a secure browsing experience during your use of our Services.

 The following types of cookies are used on our Website:

      • Strictly Necessary Cookies: these cookies are essential for you to browse the Services and use its features, such as accessing secure areas of the Website. Without these cookies, some Website features cannot be provided. This category of cookies is essential for our Website to work and so they cannot be disabled.
      • Functional or Preference Cookies: we use functional cookies to remember your choices, so we can tailor our Services to provide you with enhanced features and personalized content. For example, these cookies can be used to remember your name or preferences on our Website. While these cookies can be disabled, this may result in less functionality during your use of our Website.
      • Performance or Analytic Cookies: these cookies collect information about how you use our Website, including webpages you visit and links you click. We use the information collected by such cookies to improve and optimize our Website. You can disable these cookies.
        • We may use third-party service providers, including Google Analytics, to monitor and analyze the use of our Website. P Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports Website traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: https://tools.google.com/dlpage/gaoptout.

 b.  Other Tracking Technologies. We use conversion beacons, tags, scripts and pixels, which fire a short line of code to tell us when you have clicked on a particular button or reached a particular page.  We also use these Tracking Technologies to analyze usage patterns of our Services.  The use of these technologies allows us to record that a particular device, browser, or application has visited a particular webpage.

 c.  Your Choices. Your browser may provide you with the option to refuse some or all browser Tracking Technology. You can exercise your preferences in relation to Tracking Technology served on our Website by taking the steps outlined below.

      • You can use the browser with which you are viewing our Services to enable, disable or delete Tracking Technology. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable Tracking Technology, you may not be able to access secure areas of the Service. Also, if you disable Tracking Technology, other parts of our Services may not work properly. You can find more information about how to change your browser cookie settings at http://www.allaboutcookies.org. Additional information may be found for the following browsers here:

 d.  Do Not Track. Some Internet browsers, such as Internet Explorer, Firefox, and Safari, include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our Website does not currently process or respond to “DNT” signals.

 

3.  HOW WE USE INFORMATION

We will only use your personal information as described in this Privacy Policy or as disclosed to you prior to such processing taking place. Described below is how we may use your personal information.

 a.  To Provide You Our Services. We may use your personal information to provide you with information or to deliver our Services and any related products, and for any other business or lawful purpose reasonably anticipated within the context of KFA’s relationship with you.

 b.  To Provide Service-Related Communications. We may send you administrative information to keep you updated about our Services. Such communications may include information about changes to this Privacy Policy, our Terms, tracking or shipping information, security updates and tips or other relevant information. Service-related communications are not promotional in nature. You are not able to unsubscribe from such communications, otherwise you may miss important developments relating to our Services.

 c.  To Provide Customer Support. We will use your personal information to respond to your Customer Service inquiries, investigate any complaints, and ensure your continued use and enjoyment of the Services.

 d.  To Send You Marketing and Promotional Emails. We may contact you with marketing or promotional materials and other information that may be of interest to you based on the Services that you already use or the offerings about which you have already purchased or inquired. You may opt-out of receiving such emails using a link at the bottom of any marketing email.

 e.  For Product Research and Development. We want to ensure our Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process your personal information to improve, optimize, or expand our Services or features of our Services. We do so by processing information about your use of the Services, any information you provide to us, and by measuring, tracking, and analyzing trends and usage in connection to your use or the performance of our Services. Without processing your information for such purposes, we may not be able to ensure your continued satisfaction when using our Services.

 f.  To Enable Our Service Providers. We use personal information to enable other companies and individuals acting on our behalf to facilitate our Services (“Service Providers”) to provide services to us so that we can provide our products and Services to you, or for other business purposes consistent with KFA’s relationship with you. These Service Providers are contractually obligated to protect your information as disclosed in this Privacy Policy.

 g.  To Enforce Compliance with Our Agreements or Policies. We process your personal information in accordance with this Privacy Policy to combat spam, malware, malicious activities, fraud, or security risks, as part of our ongoing maintenance and enforcement of our security measures.

 h.  To Maintain Legal and Regulatory Compliance. We process personal information to pay our taxes; fulfill our business obligations; ensure compliance with employment and recruitment laws; in response to valid warrants and legal process; or as necessary to manage risk under applicable law.

 i.  With Your Consent. For any other purpose disclosed to you prior to you providing us your personal information or which is reasonably necessary to provide the Services or other related products and/or services requested, with your permission or upon your direction.

 

4.  SHARING AND DISCLOSE OF INFORMATION 

We may disclose your personal information in the following circumstances:

 a.  Within Our Corporate Organization. KFA may share your personal information with companies controlled by or under common control with KFA, or any of our corporate affiliates, in order to provide you with the Services and take actions based on your request, as well as for the purpose of management and analysis. For example, we may share your information with our affiliated companies to process orders and requests, or expand and promote our Services.

 b.  Service Providers.  We may employ Service Providers to provide the Services on our behalf, perform service-related activities or assist us in analyzing how our Services are used. These Service Providers may provide us support services such as credit card processing, website hosting, email and postal delivery, analytics and marketing services or conducting research. These Service Providers have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

 c.  Corporate Transactions.  Circumstances may arise where for business reasons, KFA decides to sell, buy, merge, declare bankruptcy, or otherwise reorganize its businesses in the United States or some other country. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers and/or receiving such information from sellers.

 d.  To Maintain Legal and Regulatory Compliance.  KFA also may disclose your personal information to another party, such as law enforcement officials, to comply with legal requirements, court orders, government or law enforcement agency requests, to protect or defend KFA, or where we perceive an immediate danger of death or serious physical injury to someone as a result of activity on our Services. Our disclosures may occur under circumstances where we may not be authorized to advise you of such action.

e.  Consent. We may disclose your personal information for any purpose with your consent.

 

5.  SECURITY

We take precautions to protect personal information under our control from misuse, loss or alteration. Our security measures include industry-standard physical, technical and administrative measures to prevent unauthorized access to or disclosure of your information, to maintain data accuracy, to ensure the appropriate use of information, and otherwise safeguard your personal information. 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.

 

The transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

 

Note, your information may be processed and/or stored in locations outside of the country in which you live. These countries may have different laws and standards in place than those in your country of residence.

 

 6.  THIRD-PARTY LINKS 

Our Services may contain links to websites that KFA does not operate or control, such as Facebook.  This Privacy Policy does not apply to information collected through those websites.  We are not responsible for the privacy practices of these websites, nor any adverse consequences that may result from your interaction with such third-party websites. KFA has no influence over the privacy practices of these other websites or their use of cookies and other tracking technology.  

 

7.  CHILDREN

Our Services are not directed to children under the age of 18. We do not knowingly collect personal information from any child under the age of 18. If we become aware that a child under 18 has provided us with personal information, please contact us and we will take steps to delete such information from our systems.

 

8.  CALIFORNIA PRIVACY RIGHTS

This section only applies to California residents.

 a.  Personal Information Processing Under the CCPA. Below is a summary of personal information categories, as identified and defined by the California Consumer Privacy Act (“CCPA”) (see California Civil Code section 1798.140(o)), that we collect, the reason we collect personal information, where we obtain this information, and the third parties with whom we may share your personal information (“Personal Information”).

As described elsewhere in this Privacy Policy, we generally collect the following categories of Personal Information about you when you use our Services:

      • identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices;
      • protected classifications, such as education-related information;
      • commercial information such as records of products or services purchased, obtained, or considered by you;
      • Internet or other electronic information regarding your browsing history, search history, the webpage visited before you came to our Website, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
      • your geolocation, to the extent you have configured your device to permit us to collect such information;
      • audio recordings of your voice to the extent you call us, as permitted under applicable law;
      • protected classifications, employment, and education information, such as education-history information in context of employment; and
      • inferences about your preferences, characteristics, behavior and attitudes.

 

For more information about the Personal Information we collect and how we collect it, please refer to Sections 1 and 2, above.

 

We collect your Personal Information for the business purposes described in Sections 2 and 3, above. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.

 

The categories of third parties with whom we may share your Personal Information are listed in Section 4, above.

 

 b.  CCPA Rights. If you are a California resident, you have the following rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our network systems.

      • Right to Know: You have the right to request in writing: (i) the categories of Personal Information we have collected about you, (ii) the categories of sources from which Personal Information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third-parties with whom we have shared Personal Information, and (v) the specific pieces of Personal Information we hold about an individual. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.
      • Right to Delete: You have the right to request that we delete any Personal Information we have collected from you or maintain about you, subject to certain exceptions.

To assert your right to know or your right to delete your Personal Information, please contact us by email at info@kushfineart.com.  To verify your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.

      • Right Against Discrimination: you have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.
      • Right to Opt-Out of Selling: the CCPA broadly defines “personal information” and “selling” such that sharing identifiers linked to you for a benefit may be considered a sale. You have the right to opt-out of having your Personal Information sold. We do not sell your Personal Information.

 c.  Shine the Light Law.If you are a California resident, you may request a notice from us describing what categories of personal information (if any) we have shared with third parties, including our corporate affiliates, for direct marketing purposes during the preceding calendar year. You may request such notice once a year and free of charge. Please contact us as described in the “Contact Us” section below. In your request, please specify that you want a “California Privacy Rights Notice.” We will respond to you with thirty (30) days or as permitted by law.

 

9.  CONTACT US

Should you have any questions regarding this Privacy Policy, our Services, or our privacy practices, please contact us at: info@kushfineart.com.